It is preferable to use the regular fourpart standard. which includes a requirement that the petitioner is likely to succeed on the merits. This particular matter has been commented on by a number of very distinguished jurists. Judge Frank Easterbrook. appointed by President Reagan. said that the interpretation in the current billthe interpretation that this amendment is designed to changecould require removal of an alien who was both likely to prevail in court and likely to face serious injury or death if deported. Judge Bruce Selya from the First Circuit. appointed by President Reagan. said that the very situation the current bill would create is. in his words. "absurd" and "Kafkaesque." Judge Jerry Smith. another Reagan appointee on the Fifth Circuit Court of Appeals. said that the situation the bill would create is "peculiar. at best." I believe the interest of justice would be promoted by allowing the courts to utilize the current standards for granting stays and not imposing this extraordinary standard. I yield the floor.
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deported