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Motion to stay deportation order pending habeas corpus appeal dismissed as deportation is an independent determination.
The moving party brought an urgent motion to stay a deportation order pending the release of the Court of Appeal's decision in an appeal concerning habeas corpus applications for lengthy immigration detention.
The motion judge dismissed the motion, finding no serious question to be tried because the deportation order is an independent immigration determination that would not be affected by the outcome of the habeas corpus appeal.
The court noted that deportation would actually bring an end to the detention the moving party sought to review.
Motion for stay of potential future deportation order pending habeas corpus appeal dismissed as premature.
The applicant, a permanent resident detained as a flight risk and danger to the public under the Immigration and Refugee Protection Act, appealed the dismissal of his habeas corpus application.
Pending the appeal, he brought a motion for a stay of any potential future deportation order.
The Court of Appeal dismissed the motion, finding it premature as no deportation order had yet been made, and holding that the appeal did not raise a serious issue to be tried because the IRPA provides a complete and comprehensive scheme for reviewing detention.
