Liang

ORDER

At oral argument on October 6, 2003, counsel for Petitioners Robert Kuan Liang and Chun-Mei Hsu Liang made an oral motion for stay of voluntary departure nunc pro tunc. That motion is granted for the reasons stated below.

We have equitable jurisdiction to grant a stay of voluntary departure “in cases where a stay of removal is also warranted.” El Himri v. Ashcroft, 344 F.3d 1261 (9th Cir.2003). The Liangs moved for a stay of removal on May 10, 2002, and we granted a temporary stay of removal to submit briefing on the motion for stay of removal. However, counsel submitted nothing, and soon afterward, counsel with *577 drew from the case. Before that withdrawal, the stay of removal was denied.

Because ineffective assistance of counsel prevented Petitioners from presenting their arguments in favor of a stay of removal, we now review their case, nunc pro tunc, to decide whether a stay of removal (and therefore a stay of voluntary departure) was appropriate. For a stay to be granted, Petitioners “must show either a probability of success on the merits and the possibility of irreparable injury, or that serious legal questions are raised and the balance of hardships tips sharply…