A Stay of Removal

A Stay of Removal is a temporary delay, which prohibits the Department of Homeland Security (DHS) from executing an order of removal.  There are a few forms of reprieve from removal that an alien may consider during this process.  

 

If an appeal is filed properly within 30 days, an Automatic Stay of Removal will be issued.  Appeals can only be made in writing to the Board of Immigration Appeals which examines the laws of immigration and makes its rulings based on the application of these laws.

 

Discretionary Stays of Removal are granted by the BIA only for matters within their jurisdiction.  The BIA will only provide a discretionary stay of removal if an appeal is pending before the board.

 

The request for a Stay of Removal is usually made in written form, but exceptions can be made.  If the Stay of Removal is urgent, an oral request may be made by phone.  It is necessary to understand that a request for a discretionary stay of removal does not guarantee a postponement.

 

It is important to note that immigration laws are complex and each case is unique.  Getting professional help with your Stay of Removal Request is highly recommended to know how best to proceed.  It is vital to find a knowledgable immigration attorney who can help in guiding you through this complicated area of law.