Labrador Gutierrez v. Bondi

Ernesto Labrador Gutierrez petitioned for review of a Board of Immigration Appeals order and sought a temporary stay of removal. The Fifth Circuit denied the stay, explaining that equitable relief is never a matter of right or convenience; Judge Haynes would have granted a short temporary stay.

Docket

Court

Court of Appeals for the Fifth Circuit

Court level

appellate

Jurisdiction

Federal

Date filed

November 26, 2025

Parties

Ernesto Labrador Gutierrez · petitionerPamela Bondi · respondent

Judges

Smith · majorityHaynes · dissentOldham · majority

Status

published

Disposition

The petition for stay of removal is DENIED.

Opinion type

combined

Format

per curiam

Nature of suit

Immigration

Source

View PDF

United States Court of Appeals for the Fifth Circuit

No. 25-60646

Ernesto Labrador Gutierrez, Petitioner , versus Pamela Bondi, U.S. Attorney General , Respondent .

Petition for Review from an Order of the Board of Immigration Appeals Agency No. A216 914 792

PUBLISHED ORDER

Before Smith, Haynes, and Oldham, Circuit Judges .

Per Curiam:

The petition for stay of removal is DENIED . Equitable relief—even if it is 'temporary' or 'short'-is never a matter of right or convenience. * See Nken v. Holder , 556 U.S. 418, 433–34 (2009).

Footnotes

* Judge Haynes would grant a short temporary stay of removal to allow time to review this issue.