MICHAEL F. URBANSKI, District Judge
This matter is before the court for review of Petitioner Almaz Nezirovic's Motion to Stay Extradition Pending Appeal (Dkt. # 34). Bosnia and Herzegovina ("Bosnia") seeks Nezirovic's extradition so he can stand trial for alleged war crimes against civilians that occurred during the Bosnian War between April and June 1992. On September 16, 2013, United States Magistrate Judge Robert S. Ballou issued a Certification of Extraditability (the "Extradition Order"), authorizing Nezirovic's extradition to Bosnia. Nezirovic challenged the Extradition Order by filing a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Dkt. # 1. By Memorandum Opinion and Order entered on March 13, 2014, the court denied Nezirovic's habeas petition. Nezirovic filed an appeal and asked this court to stay his extradition pending the outcome of the appeal. Dkt. # 29. The court temporarily stayed the Extradition Order until the instant Motion to Stay Extradition Pending Appeal became ripe for consideration. Dkt. # 38. The court has carefully reviewed the parties' respective arguments. For the reasons set forth below, Nezirovic's motion is
In determining whether to grant a stay of extradition, courts consider the following factors: "(1) whether the stay applicant has made a strong showing that he is likely to succeed on the merits; (2) whether the applicant will be irreparably injured absent a stay; (3) whether issuance of the stay will substantially injure the other parties interested in the proceeding; and (4) where the public interest lies."
A strong showing of a likelihood of success requires more than a "mere possibility of relief" from the appellate court.
The second factor, petitioner's irreparable injury absent a stay, compels the court to stay the extradition pending appeal. If Nezirovic were extradited while his case is being heard by the appellate court, his claims would be rendered moot.
The government cites a number of cases in which courts have found that individuals challenging their extradition or deportation would not suffer irreparable harm if a stay pending review of their case was not granted. Dkt. # 40 at 12-13. However, those cases lacked either a threat of removal prior to the outcome of the pending review or formidable legal issues. Here, the government's desire to execute the Extradition Order "as promptly as possible," Dkt # 40 at 17, may very well preempt the meaningful review that the Fourth Circuit will afford the serious legal questions posed by Nezirovic's claims. Absent a stay, there is a sufficient possibility that Nezirovic would be extradited while his appeal is pending. In this situation, the petitioner would suffer irreparable injury.
Lastly, the government—and, by extension, the public—will not be substantially injured if Nezirovic's extradition is stayed pending appeal. If an appellate court does not afford Nezirovic's requested relief, the remaining steps of his extradition process will resume at that time. The court recognizes the government's interest in timely complying with other countries' extradition requests.
The government also argues that prompt compliance with the extradition request will promote relations between Bosnia and the United States.
For these reasons, Nezirovic's Motion to Stay Extradition Pending Appeal (Dkt # 34) is
An appropriate Order will be entered.