A stay of removal refers to the temporary postponement of an order of removal – or deportation – by the Department of Homeland Security (DHS). A stay of removal, if granted, provides an alien in the United States with the opportunity to forestall deportation or removal. These stays come in several different forms.
Stays of Removal
The Board of Immigration Appeals (BIA), in its position as immigration’s highest administrative body, interprets and applies immigration laws. Any granted stay of approval expires upon the BIA’s final decision in any given case. Some stays of removal, based on the specifics of the case, are automatic, and others are up to the discretion of the law.
Automatic stays of Removal only apply when they are filed in timely and accurate compliance with the timeframe set forth by immigration laws. There are specific and narrow parameters in which a stay of removal will be issued automatically:
- Throughout the 30-day appeal period following an immigration judge’s decision on the merits of a removal case;
- When an alien has filed a direct appeal of an immigration judge’s decision on the merits of a removal case that involves neither bond nor custody issues;
- When an appeal is filed for a case in which the immigration judge’s denial of a motion to reopen deportation proceedings were conducted in absentia – or when the alien involved could not be present;
- Throughout the time that a final decision is pending on an immigration judge’s case (this also applies to certain cases that are reopened for battered spouses, children, and parents).
Discretionary Stays of Removal are stays granted at the BIA’s discretion for those cases that are within their jurisdiction and authority. The BIA only considers granting discretionary stays when distinct legal actions are pending before them:
- An appeal is pending;
- A motion to reopen is pending; or
- A motion to reconsider is pending.
While immigration laws are always subject to change, they have never been more ambiguous than they have become with the new presidency and its attempts at sweeping change. If you or someone you care about is in need of a stay of removal, seek immediate counsel from an experienced immigration attorney.
Contact an Experienced New Jersey Immigration Attorney Today
The threat of deportation is frightening and should be taken extremely seriously. If you are concerned that either you or someone you care about could be deported, seek immediate counsel from an experienced immigration lawyer. The skilled immigration attorneys at Maduabum Law Firm, LLC have the expertise, the experience, and the commitment to defend you and your loved ones from deportation. Call 973-732-1490 to schedule your free consultation today.