Case: 19-60937 Document: 00515976899 Page: 1 Date Filed: 08/12/2021
United States Court of Appeals
for the Fifth Circuit
United States Court of Appeals
Fifth Circuit
FILED
August 12, 2021
No. 19-60937 Lyle W. Cayce
Clerk
Daljinder Singh,
Petitioner,
versus
Merrick Garland, U.S. Attorney General,
Respondent.
Petition for Review of the Order of the
Board of Immigration Appeals
BIA No. A215 908 418
Before Higginbotham, Southwick, and Willett, Circuit Judges.
Per Curiam:*
The decision of this motions panel has no mandate except to grant a
stay of deportation proceedings pending resolution by a merits panel. A
decision “granting a stay settles no law. . . and is not binding on the merits
*
Pursuant to 5th Circuit Rule 47.5, the court has determined that this
opinion should not be published and is not precedent except under the limited
circumstances set forth in 5th Circuit Rule 47.5.4.
Case: 19-60937 Document: 00515976899 Page: 2 Date Filed: 08/12/2021
No. 19-60937
panel, leaving it as a writing in water.” 1 Yet, confusion over this basic
proposition persists. To avoid any uncertainty in its efficacy arising from the
opinion’s being filed after briefing on the merits had concluded, the panel’s
opinion is withdrawn. The stay remains in effect pending decision by a merits
panel randomly selected in the regular course, free to consider any persuasive
force it may find in the writing of the judges who joined the opinion explaining
the stay who remain convinced of its reasoning.
1
Richardson v. Hughs, 978 F.3d 220, 244 (5th Cir. 2020) (Higginbotham, J.,
concurring).
2