If the government stayed the IJs bond order based on 8 CFR 1003.19(i)(2), the "automatic stay" regulation, and has not obtained an "emergency stay" from the BIA, under 8 CFR 1003.19(i)(1)), then counsel may be able to follow a successful habeas in the Ninth Circuit. See Zavala v. Ridge, 310 F.Supp.2d 1071 (N.D. Cal. March 1, 2004).