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01-2870 Sharif v. Ashcroft
By: dmc-admin//February 18, 2002//
Listen to this article“[8 U.S.C. 1252(g)] does not differentiate among kinds of relief. It names three administrative actions – decisions to ‘commence proceedings, adjudicate cases, or execute removal orders’ – and interdicts all judicial review ‘arising from’ those actions, unless some other part of sec.1252 allows review. A request for a stay of removal ‘arises from’ the Attorney General’s decision (reflected by the bag-and-baggage letter) to execute a removal order. This is so whether the Sharifs seek a stay of removal pending administrative reconsideration (they have sought reopening) or pending a decision under the new legislation (their father Muhammad Sharif has sought relief under sec.1104 of Pub. L. 106
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