Yes, there is precedent for this. The Bush administation filed a similar brief in the Medellin case.
Yep:
Thanks. If I didn’t remember this case..and frankly had to look it up. It isn’t clear from a brief read if Bush was required to file stay or if it was done for political reasons. If it was some legal “treaty” mumbo-jumbo...then Perry might have to follow suit.
It does look like Medellin was ultimately executed.