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Ruling on a fundamental immigration issue that has splintered the federal circuits, the 3rd U.S. Circuit Court of Appeals has decided that an alien seeking a stay of a deportation order must satisfy a four-part test modeled on the standard for granting a preliminary injunction. The 3rd Circuit adopted the standard used in the 1st, 2nd and 6th circuits. In doing so, the court rejected the 9th Circuit's test as too lax and the 11th Circuit's test as too strict.
July 13, 2004 at 12:00 AM
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The original version of this story was published on Law.Com
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