United States Court of Appeals
For the First Circuit
No. 02-2401
SAVRY KEO,
Petitioner,
v.
JOHN ASHCROFT, Attorney General,
Respondent
Before
Lynch, Lipez and Howard,
Circuit Judges.
ORDER OF COURT
Entered: October 29, 2003
After his application for asylum and withholding of
deportation was denied by Immigration Judge Thomas Ragno, Savry Keo
appealed to the Board of Immigration Appeals. The BIA affirmed
that decision without opinion. Keo thereafter sought review of the
BIA's determination in this court, claiming primarily that its
denial of his application was not supported by substantial
evidence. This court affirmed the BIA decision on August 22, 2003,
concluding that the record did not compel a conclusion contrary to
that reached by the IJ. Keo v. Ashcroft, 341 F.3d 57 (1st Cir.
2003).
On September 19, 2003, Keo filed with this court a motion to
stay deportation. According to the motion, Judge Ragno had been
placed on administrative leave on August 4, 2003, pending the
resolution of several allegations of bias and judicial misconduct.
Given the apparent severity of some of these claims, we issued an
order on September 22, 2003, directing the respondent to file a
response to Keo's motion and directing Keo to supplement his motion
with specific examples of how Judge Ragno's alleged bias manifested
itself in his hearing. Both parties filed their responses by the
allotted date of September 30, 2003. Petitioner also filed a
petition for rehearing. Mandate of this court does not issue until
resolution of a petition for rehearing is decided. See Fed. R.
App. Proc. 41(d)(1).
At the request of the Court the respondent has now made two
filings in response to Keo's claims of bias. On consideration of
all of the materials the Court has determined that Keo has not met
his burden under the four-part test of Arevalo v. Ashcroft, 344
F.3d 1 (1st Cir. 2003) in order to obtain a stay. Accordingly, the
motion for stay is denied. The petition for panel rehearing is
also denied.
We repeat our earlier conclusion, the order permitting
voluntary departure stands.
By the Court:
RICHARD CUSHING DONOVAN, Clerk
By: /s/
Mark R. Syska, Chief Deputy Clerk