What is the test for a motion to stay a motion by the Department of Homeland Security to stay the motion?

MultiRegion, United States of America

The following excerpt is from City & Cnty. of S.F. v. U.S. Citizenship & Immigration Servs., 944 F.3d 773 (9th Cir. 2019):

deny the governments motions to stay and let these cases proceed in the ordinary course. See Nken v. Holder , 556 U.S. 418, 427, 43334, 129 S.Ct. 1749, 173 L.Ed.2d 550 (2009) (holding that a "stay is an intrusion into the ordinary processes of administration and judicial review, " and "[t]he party requesting a stay bears the burden of showing that the circumstances justify an exercise of [judicial] discretion" (citation omitted)).

Notes:

1 For clarity, we will refer to the plaintiffs below as "the States" and the defendants as "DHS."

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