The Third Circuit has vacated a longstanding stay of removal for a Dominican petitioner making his fourth attempt to reopen a removal order that became final in 2011, holding that after supplemental briefing and oral argument he could no longer meet his burden on any of the four factors governing a stay pending appeal.
The Court held the petitioner failed to show a likelihood of success given multiple unaddressed obstacles to his statutory and sua sponte reopening theories, failed to show irreparable harm based only on speculative fear of a routine ICE check-in, and could not overcome the strong public interest in finality given his decade-plus history of unsuccessful challenges. The Court separately explained its denial of a late request to hold the case in abeyance for a state-court collateral attack on the underlying conviction, noting the timing suggested an effort to manufacture further delay.
The full text of Aristy-Rosa v. Attorney General can be found here: https://www2.ca3.uscourts.gov/opinarch/251490p.pdf