Habeas, Stay, Expedited Removal Victory: Kabenga v. Holder

"At this juncture, the question before this Court is whether Kabenga's expedited removal should be stayed pending the resolution of his petition for a Writ of Habeas Corpus.  That question turns primarily on a threshold jurisdictional issue: may this Court, pursuant to its federal habeas jurisdiction, examine the legal sufficiency of Kabenga's 2012 removal in order to determine whether he is still an LPR?  Because I conclude that the answer is yes, and because the rest of the stay factors tilt in Kabenga's favor, his motion is GRANTED." - Kabenga v. Holder, No. 14-CV-9084 (SAS), S.D.N.Y., January 2, 2015.