"Pursuant to Fed.R.App.P. 35 and 40 and Circuit Rule 27-10, petitioner Dan Marius Andreiu hereby moves for reconsideration or rehearing and for rehearing en banc of his motion for a stay."

This case presents an issue of first impression in this Circuit - whether the new rules of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRIRA") prohibit the Court from issuing a stay pending the direct judicial review of a removal order, except where an extremely high standard is met. Based on a provision of the new rules that does not refer to stays - 8 U.S.C. § 1252(f)(2) - this Court held, over the dissent of Judge Thomas, that the statute imposes a new, high standard for such stays. In finding that the term "enjoin" in § 1252(f)(2) encompasses a stay, the decision adopts an illogical, dictionary-based analysis that is incorrect as to the plain language of the statute, is contrary to the structure and history of § 1252 considered as a whole, and conflicts with controlling Supreme Court precedent distinguishing between a "stay" and an "injunction".

Attachments:

File	Description
15. Rehearing Brief in Andreiu v. Reno.pdf