“As outlined in Weng v. U.S. Attorney General [287 F.3d 1335 (11th Cir.2002) ], this Court correctly concluded that ‘the plain language of “enjoin[ing]” removal of an alien ... encompasses the act of staying of removal.’ ... ‘[N]o court shall enjoin ... removal’ encompasses Dorelien’s motion because stay relief is quintessential injunctive relief.”
How later courts described this case
- “As outlined in Weng v. U.S. Attorney General [287 F.3d 1335 (11th Cir.2002) ], this Court correctly concluded that ‘the plain language of “enjoin[ing]” removal of an alien ... encompasses the act of staying of removal.’ ... ‘[N]o court shall enjoin ... removal’ encompasses Dorelien’s motion because stay relief is quintessential injunctive relief.”
- “Our role is not to second-guess Congress’s drafting choices. Rather, our function is to apply statutes, to carry out the expression of the legislative will that is embodied in them, not to ‘improve’ statutes by altering them.” (internal quotation marks and alterations omitted)
Written by the judges who cited it.
The opinion
BY THE COURT:
The Court having been polled at the request of one of the members of the Court and a majority of the Circuit Judges who are in regular active service not having voted in favor of it (Rule 35, Federal Rules of Appellate Procedure; Eleventh Circuit Rule 35-5), hearing En Banc is DENIED.