Kenyeres v. Ashcroft

Summary

Justice Kennedy, acting as Circuit Justice, denies applicant Kenyeres’s request for a stay of removal pending judicial review of his deportation order. While acknowledging a circuit split regarding the evidentiary standard for stays under 8 U.S.C. § 1252(f)(2), Kennedy concluded this case is not the appropriate vehicle to resolve the issue because the applicant fails to show likelihood of success under any standard given the record findings of serious nonpolitical crimes.