Haifa Saleh El Himri Musab El Himri v. John Ashcroft, Attorney General

Bad Law
2003 Daily Journal DAR 10761·344 F.3d 1261·2003 Cal. Daily Op. Serv. 8562·2003 U.S. App. LEXIS 19430
United States Court of Appeals for the Ninth CircuitSeptember 19, 200303-71152California952 words

Opinion

Opinion

ORDER

Petitioners Haifa Saleh El Himri and Musab El Himri, mother and son, move for a stay of voluntary departure pending disposition of their petition for review of the Board of Immigration Appeals’ (“BIA”) final order of removal.

The Immigration Judge (“IJ”) denied petitioners’ applications for asylum, withholding of removal, and relief under the Convention Against Torture, ordered petitioners removed to Jordan, and granted petitioners 62 days in which to voluntarily depart from the United States upon the posting of a $500.00 voluntary departure bond. The BIA adopted and affirmed the IJ’s decision, and gave petitioners another 30 days in which to voluntarily depart.

Petitioners timely filed a petition for review in this court, along with a motion for stay of removal and voluntary departure. Respondent filed a notice of non-opposition to the motion for stay of removal, but opposed the motion for stay of voluntary departure.

Petitioners filed their motion for stay of voluntary departure the day after this court issued its opinion in Zazueta-Carrillo v. Ashcroft, 322 F.3d 1166 (9th Cir.2003). In Zazueta-Carrillo , this court held that the voluntary departure time period begins…

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