Opinion

Carl Dorelien v. U.S. Attorney General, John Ashcroft, Immigration and Naturalization Service

  • 317 F.3d 1314
  • 2003 U.S. App. LEXIS 431
Court
Court of Appeals for the Eleventh Circuit
Filed
Jan 13, 2003
Status
Published
On the bench
Edmondson, Tjoflat, Anderson, Birch, Dubina, Black, Carnes, Barkett, Hull, Marcus, Wilson
Cited by
6 cases
Authority
More cited than 67.1%

“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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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