Opinion
CIVIL ACTION NO.: 1:15-1922
10-26-2015
JIANG MEIZHAN v. DAVID COLE, WARDEN, ET AL.
MAGISTRATE JUDGE JAMES D. KIRK
ORDER
Before the court is Jiang Mei Zhan's emergency motion to stay deportation pending a determination on her petition for writ of habeas corpus filed with this court. (Doc. 5).
The REAL ID Act, 8 U.S.C. §1252, divests this court of jurisdiction to hear any challenge to a final order of removal. Moreover, §1252(g), provides in relevant part, "no court shall have jurisdiction to hear any cause or claim by or on behalf of any alien arising from the decision or action by the Attorney General to commence proceedings, adjudicate cases, or execute removal orders against any alien under this chapter." As Zhan's motion directly relates to the execution of a removal order, this court lacks jurisdiction. See Reno v. American-Arab Anti-Discrimination Comm., 525 U.S.471, 487 (1999).
Ordinarily, Zhan would not be without a remedy as a Court of Appeals has the authority to stay deportation during the pendency of an appeal. See Nken v. Holder, 566 U.S. 418 (2009). However, on May 7, 2015, the Fifth Circuit denied Zhan's motion to stay deportation and on May 29, 2015 the court denied motion for reconsideration. See Jiangmei Zhan v. Loretta Lynch, No. 15-60026 (5 Cir.2015).
As this court lacks jurisdiction,
IT IS HEREBY ORDERED that the motion to stay (Doc. 5) is DENIED.
THUS DONE AND SIGNED in chamber at Alexandria, Louisiana this 26 day of October, 2015.
/s/_________
DEE D. DRELL, CHIEF JUDGE
UNITED STATES DISTRICT COURT