Topic: (1) whether the stay applicant has made a strong showing th… · Go Syfert
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Topic #460

8 canonical passages across 5 cases, quoted by 433 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Nken v. Holder.

#Case FlagCanonical passage Citers
1 Nken v. Holder Anchor
scotus · 2009
green “(1) whether the stay applicant has made a strong showing that he is likely to succeed on the merits; (2) whether the applicant will be irreparably injured absent a stay; (3) whether issuance of the stay will substantially injure the other parties interested in the proceeding; an…” 201
2 Nken v. Holder
scotus · 2009
green “merge when the government is the opposing party.” 121
3 Nken v. Holder
scotus · 2009
green “the party requesting a stay bears the burden of showing that the circumstances justify an exercise of that discretion.” 72
4 Virginian Railway Co. v. United States
scotus · 1927
green “a stay is not a matter of right, even if irreparable injury might otherwise result.” 15
5 Virginian Railway Co. v. United States
scotus · 1927
green “the propriety of its issue is dependent upon the circumstances of the particular case.” 10
6 Guedes v. Bureau of Alcohol, Tobacco, Firearms
cadc · 2019
green “the last two factors 'merge when the government is the opposing party.” 7
7 Gary Harris v. Board Of Supervisors, Los Angeles County
ca9 · 2004
green “need only establish a risk or threat of injury to satisfy the actual injury requirement.” 4
8 Leiva-Perez v. Holder
ca9 · 2011
green “a stay may not issue, regardless of the petitioner's proof regarding the other stay factors.” 3

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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