emergency motion - Germar Rudolf

The Sixth, Seventh, and Ninth Circuits apply different tests than the one
announced in Weng. See, e. g. , Andreiu v. Ashcroft, 253 F.3d 477,483 (9 th Cir.
2001) (en banc ) (petitioner seeking temporary stay of deportation pending appeal
must demonstrate "(1) a probability of success on the merits and the possibility of
irreparable injury, or (2) that serious legal questions are raised and the balance of
hardships tips sharply in the petitioner's favor"); Sofinet v. INS, 188 F.3d 703,706
(7 th Cir. 1999) (to merit temporary stay of deportation pending appeal, petitioner
must demonstrate "(1) a likelihood of success on the merits; (2) that irreparable
harm would occur if a stay is not granted; (3) that the potential harm to the movant
outweighs the harm to the opposing party if a stay is not granted; and (4) that the
granting of the stay would serve the public interest"); Bejjani v. INS, 271 F.3d 670,
687-89 (6 th Cir. 2001) (same, citing Andreiu and Sofinet) . If
Rudolf were
appealing in any other circuit than the Eleventh Circuit, there is no question that a
stay of his removal pending review would have been granted.
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