New standing order for immigration cases

Today the Third Circuit issued a new standing order “to ensure that petitioners in immigration matters are not deported before the Court has an opportunity to act on a motion for stay of removal and to ensure that the Court has a sufficient record on which to decided such a motion.”

The standing order is here.

Under the new standing order, if a party files a facially valid stay of removal (meeting 4 criteria listed in the order), then the Clerk is directed to stay removal until a motions panel has considered the motion.

In June, Chief Judge McKee entered an order directing the government to find and return a mother and daughter who were about to be, or had just been, deported to Guatemala. According to this news account:

Cambria had asked the court to block Ana’s deportation while her latest appeal was pending. In its opposition to that request, the U.S. attorney’s office told the court that, as of June 9, immigration officials had no plans to remove Ana and her daughter. She was then removed 10 days later at 9:55 a.m. Friday morning.