A stay of removal temporarily postpones an order of removal for an individual, which usually is issued by an immigration court following a hearing. In some cases, you are entitled to an automatic stay of removal, whereas in other cases, the stay of removal is discretionary. You can get an automatic stay of removal when you timely file an appeal of an order of removal with the Board of Immigration Appeals (BIA). The BIA is the entity that reviews the decisions of immigration judges. Your automatic stay of removal remains in effect until the BIA issues a final decision in your case. Automatic stays of removal also go into effect in the following situations:
- During the 30-day period for appealing an immigration judge’s decision to the BIA
- When an alien directly appeals an immigration judge’s decision on its merits, which cannot be based on bond or custody determinations
- When an alien appeals an immigration judge’s denial of a motion to reopen deportation proceedings that were conducted when the alien wasn’t present
- During the time that a final decision is pending on a case heard by an immigration judge
The BIA and the Circuit Courts of appeals also can grant a discretionary stay of removal in certain situations. For instance, the BIA can issue a stay of removal when it is considering an appeal, a motion to reopen, or a motion to reconsider. It is completely up to the BIA whether to grant a stay of removal, which you should request by written motion. Additionally, there are discretionary stays of removal that are submitted directly to ICE. Whether you are eligible for a stay of removal or another type of relief from deportation, we are here to advocate on your behalf and get the relief that you deserve. At Landerholm Immigration, A.P.C., we are dedicated to representing the interests of those clients who are charged with deportation by immigration authorities. Our focus is to enable you to legally remain in your American home with your family. With the many forms of relief that may be available to you, we will help you determine which form of relief is most appropriate and most likely to be successful in your case. Contact our experienced California deportation defense attorneys today, and learn how we can assist you with your immigration case.