How Can I Receive a Stay of a Deportation Order?

 Posted on May 06, 2022 in Immigration

There are many situations where immigrants living in the United States may run into trouble with immigration officials. In these cases, the threat of deportation can be very worrisome, especially if it could result in a person being uprooted from their home and community, taken away from their loved ones, and forced to resettle in another country. While there are a number of potential defenses that may be available, once a deportation order is issued, a person may worry that they will have no way to avoid removal from the United States. However, it may be possible to pursue an appeal of a deportation order, and a person may be able to receive a stay that will temporarily prevent their removal.

BIA Emergency Stay Requests

When an order is issued that prevents government officials or other parties from taking certain actions, this is known as a “stay.” After a deportation order is issued by an immigration court judge, the immigrant subject to this order may request an emergency stay while they are pursuing an appeal. A person must file a written request for an emergency stay with the Board of Immigration Appeals (BIA), and their request may be considered if all of the following are true:

• The person has been detained by the Department of Homeland Security.

• A specific removal date and time has been set, and the person’s deportation is imminent.

• The person has filed an appeal of a deportation order or has a pending motion that is being considered by the BIA.

If the BIA grants an emergency stay, proceedings to remove them from the United States will be halted while the stay is in effect. A stay will generally remain in effect until a final decision is made in their appeal.

Requesting a Stay Through ICE

After a deportation order is issued, a person may also be able to request a stay of removal based on humanitarian reasons. An Application for a Stay of Deportation or Removal may be filed with Immigration and Customs Enforcement (ICE). In these cases, a person will need to provide the following information:

• A copy of their passport, or if they do not have a valid passport, proof that they have applied for a passport or a similar travel document.

• Records related to arrests or criminal convictions.

• Medical records and documentation in cases where a request for an emergency stay is based on a person’s medical condition.

• A summary of the reasons for requesting a stay.

If a stay is granted by ICE, an Order of Supervision will be issued, and a person will generally be required to post a bond of at least $1,500. While a person will be able to avoid deportation while this type of stay is in effect, ICE may choose to revoke a stay if a person is arrested by law enforcement or convicted of a crime or if they violate the terms of their Order of Supervision.

Contact Our Irving Deportation Stay Request Attorney

John W. Lawit, LLC provides legal help to immigrants who are involved in deportation proceedings, helping them understand the steps they can take to avoid removal from the United States. We can advise you on whether you can request a stay of a deportation order or appeal the decisions made by immigration officials. To get legal help with deportation or other immigration issues, contact our Grand Prairie immigration appeals lawyers at 214-609-2242.

Sources:

https://www.justice.gov/eoir/page/file/1043831/download

https://www.ice.gov/doclib/forms/i246.pdf