Is a stay of removal order moot if there is a live controversy between the parties once the stay order is granted?
Canada (Federal), Canada
The following excerpt is from Weekes v. Canada (Public Safety and Emergency Preparedness), 2008 FC 820 (CanLII):
In Baron v. Canada (Minister of Public Safety and Emergency Preparedness), 2008 FC 341, [2008] F.C.J. No. 434, Justice Dawson decided that an application for judicial review of the refusal of a removals officer to grant a stay of removal was moot due to the absence of a live controversy between the parties, once the stay order was granted. Justice Mactavish reached the same conclusion in the case of Palka v. Canada (Minister of Public Safety and Emergency Preparedness), 2008 FC 342, [2008] F.C.J. No. 435.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a party have jurisdiction to bring a supplemental pleading that alleges that a party was involved in a dispute with the other party before the date of filing? (MultiRegion, United States of America)
Can a court order a protective order, even if the assigned magistrate judge signed the stipulated protective order? (MultiRegion, United States of America)
Does a notice of appeal by a party seeking to appeal an order closing the case constitute an appeal from all prior orders? (MultiRegion, United States of America)
Can a federal judge order an expedited removal order based on a claim that an alien was wrongfully deprived of administrative review? (MultiRegion, United States of America)
Does the government have to prove that an order of removal or deportation was issued where the alien has been deported or removed? (MultiRegion, United States of America)
Is there any case law in which the court has found that if a party is not moving, can the nonmoving party continue to sue the moving party? (MultiRegion, United States of America)
In what circumstances will the Court grant a temporary order to remove a child from the care of the child's biological mother? (MultiRegion, United States of America)
Can a probation officer order that a defendant must notify a third party that he poses a risk to that third party after serving his sentence? (MultiRegion, United States of America)
Is an interlocutory order appointing a Monitor an order granting, modifying, or dissolving a consent decree? (MultiRegion, United States of America)
Is a challenge to an immigration judge's order of removal wholly intertwined with the merits of the order? (MultiRegion, United States of America)
