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Stay of Removal

If you’re facing removal from the United States through deportation, then a Stay of Removal could provide you with a deferral. Let us help.

If you’re facing removal from the United States through deportation, then a “stay of removal,” could provide you with a temporary means of postponing any actions that would otherwise be made by the Department of Homeland Security. A stay of removal can be automatic or discretionary depending on the circumstances that are specific to your case.

If you’re facing potential removal from the United States, then the deportation defense you need can be found at Pozo Goldstein, LLP. Under the skillful direction of a New York immigration lawyer at our office, you can learn more about stays of removal and how your deportation could be temporarily postponed while other attempts are made to secure your status in the U.S.

Automatic vs. Discretionary Stays of Removal

As indicated above, a stay of removal can be automatic or discretionary, and it’s the unique circumstances of an immigrant’s situation that will determine which type applies to the case at hand. Automatic stays of removal are only put into effect if an appeal is properly filed within the timeframe set forth by immigration law. When an appeal to an immigration judge’s decision is made, it must be submitted to the Board of Immigration Appeals (BIA); this is the highest administrative body and, as such, the BIA is responsible for interpreting and applying immigration laws.

Appeals that are made to the BIA are generally not followed by a courtroom proceeding. Rather, these appeals undergo a “paper review” at which time a decision will be made regarding whether or not an automatic stay of removal will be granted. Only a very few circumstances call for the automatic stay of a removal, and these circumstances are as follows:

  • The appeal is made within the 30-day period for appealing an immigration judge’s decision based upon the merits of the case.
  • The appeal is made by an illegal immigrant who is doing so based upon the merit of the case; appeals cannot be made based upon a bond or custody determination.
  • The appeal is made in response to an immigration judge’s denial of a motion to reopen deportation proceedings that were conducted in the absence of the illegal immigrant.
  • The final decision for a particular case is pending on another case that is currently before an immigration judge.
  • In some cases, an automatic stay of removal will be applied to the appeal of a motion to reopen a case concerning a battered spouse, a battered child, or a battered parent. Given the different circumstances under which an automatic stay of removal can be made, it is very important to work with a qualified immigration attorney throughout the process. Doing so can better ensure that your case is handled appropriately and according to any and all immigration laws that apply.

    Discretionary Stay of Removal

    Not all stays of removal are granted automatically. In some cases, the BIA is permitted to grant a stay at their discretion; that is, assuming that the matter at hand is one within their jurisdiction and full authority. In order for the BIA to consider granting a discretionary stay of removal, an appeal must be pending before the board. The BIA can also decide to grant a discretionary stay of removal if a motion to reopen or a motion to reconsider is pending before it.

    Request a Stay of Removal: Find out how!

    To request a discretionary stay of removal, a written motion should be submitted to the BIA. If the situation is urgent, however, the BIA has the discretion to allow for a stay request to be made orally over the phone. In this way, immediate attention can be paid to a circumstance that presents urgency.

    We urge you to consider the fact that immigration laws – including those that pertain to automatic and discretionary stays of removal – are subject to change. For this reason, it is extremely important to consult with an immigration lawyer about the details of your case before taking any sort of legal action.

    At Pozo Goldstein, LLP, we are here to help you resolve your immigration issue. Whether you need aggressive deportation defense or instructive guidance regarding the appeals process, we are here to help. Our supportive legal team is available 24/7 to help with your case, so don’t hesitate to contact a New York City deportation defense attorney from the firm.

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