The following excerpt is from Pomares v. United States, CASE NO. 1:06-cr-00167-LJO (E.D. Cal. 2012):
"A stay is not a matter of right, even if irreparable injury might otherwise result." Nken v. Holder, 556 U.S. 418, 433 (2009) (internal quotation marks omitted). "It is instead an exercise of judicial discretion, and the propriety of its issue is dependent upon the circumstances of the particular case. The party requesting a stay bears the burden of showing that the circumstances justify an exercise of that discretion." Id. at 433-34 (internal quotation marks and citations omitted).
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