1304
Opinion in Chambers
before and after the Eleventh Circuit's decision in Weng, and have reached a contrary result. See Andreiu v. Ashcroft, 253 F. 3d 477 (CA9 2001) (en banc); Bejjani v. INS, 271 F. 3d 670 (CA6 2001); Mohammed v. Reno, 309 F. 3d 95 (CA2 2002). In the cases just cited, these courts take the position that the heightened standard of § 1252(f)(2) applies only to injunctions against an alien's removal, not to temporary stays sought for the duration of the alien's petition for review. Andreiu, supra, at 479-483; Bejjani, supra, at 687-689; Mohammed, supra, at 97-100. These courts evaluate requests for a stay under their traditional standard for granting injunctive relief in the immigration context, which seeks to measure an applicant's likelihood of success on the merits and to take account of the equity interests involved. See Andreiu, supra, at 483 ("[P]etitioner must show 'either (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' " (quoting Abassi v. INS, 143 F. 3d 513, 514 (CA9 1998))); Bejjani, supra, at 688 (requiring a showing of "(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" (quoting Sofinet v. INS, 188 F. 3d 703, 706 (CA7 1999))); Mohammed, supra, at 101 (" 'a substantial possibility, although less than a likelihood, of success' " (quoting Dubose v. Pierce, 761 F. 2d 913, 920 (CA2 1985), vacated on other grounds, 487 U. S. 1229 (1988))).
The courts on each side of the split have considered the contrary opinions of their sister Circuits and have adhered to their own expressed views. See Weng, supra, at 1337, n. 2; Mohammed, supra, at 98-99. Both standards have been a subject of internal criticism. See Andreiu, supra, at 485 (Beezer, J., separately concurring); Bonhomme-Ardouin
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