What is a Stay of Removal?

A stay of removal is a temporary halt or postponement of deportation or removal proceedings against an individual. It is generally granted by immigration authorities, or a certain court, and allows the individual to remain in the country for a specified period of time. Common grounds for a request of Stay of Removal include medical conditions, pending appeal for an immigration decision, humanitarian reasons and risk of persecution if returning to their home country.

Key Takeaways

• A stay of removal refers to a temporary halt or postponement of deportation or removal proceedings against an individual.
• The order is only granted by an immigration judge, the Board of Immigration Appeals (BIA), the Department of Homeland Security (DHS), or a federal court.
• It is important to note that a Stay of Removal is temporary and does not guarantee permanent residency.

How Stay of Removal Orders Work

When you receive a removal order, you may find yourself in a difficult situation with limited time to act. This is where a Stay of Removal becomes invaluable. It “presses pause” on the removal proceedings, allowing you to remain in the country while you pursue other legal options. The grounds for requesting a Stay of Removal can vary widely, ranging from humanitarian concerns to procedural errors in the original removal decision. 

Types of Stay of Removal Orders

There are several types of stay of removal orders in U.S. immigration law. These orders temporarily prevent the deportation of an individual who has been ordered removed from the United States. Here is a brief overview of the main types of Stay of Removal orders:

• Automatic Stay: This occurs when an immigrant files a timely appeal or motion to reopen/reconsider with the Board of Immigration Appeals (BIA). The stay remains in effect until the BIA makes a decision.
• Discretionary Stay: This can be granted by Immigration and Customs Enforcement (ICE), the BIA, or a federal court. It is based on the merits of the case and other factors.
• Stay Pending Petition for Review: When an immigrant files a petition for review with a federal appeals court, they can request a stay of removal while the court considers their case.
• Administrative Stay: ICE can grant this type of stay for various reasons, including humanitarian concerns or ongoing investigations.
• Statutory Stay: Certain applications, like those for T or U visas (for victims of human trafficking or certain crimes), come with automatic stays of removal while the application is pending.

Bottom Line

Stay of removal orders are critical tools in immigration law that can provide temporary relief for individuals facing deportation. Our team of expert immigration lawyers can quickly figure out if a stay makes sense in your case and how to pursue it. Get in touch with us today at AttorneyAtLaw.com.