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Stay of Deportation - Stay of Removal Immigration - Motion to reopen

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Published on Feb 16, 2016

Stay of Deportation - Stay of Removal Immigration - Motion to reopen in absentia https://goo.gl/bmyWNr http://www.criminalimmigrationlawyer....
Deportation is the process of expelling a foreigner from the country. As a non-citizen facing deportation, you may want to postpone removal while you attempt to get your case reopened or reconsidered.

An I-246 stay of deportation is an order directly the Department of Homeland Security to refrain from removing an immigrant from the United States. It can be granted from the Board of Immigration Appeals (BIA) or from a Federal Court.

BIA STAY OF REMOVAL
Pursuant to 8 CFR § 1003.6(a), an automatic stay of removal is granted when a timely appeal to the BIA is filed against an immigration judge’s decision. The BIA may also grant a stay of removal when a change in law affects an individual’s removability.

On the other hand, there is no automatic stay of deportation is an appeal is taken against the denial of a motion to reopen, motion to reconsider, or a motion seeking stay of deportation.

The filing of a motion to reopen or to reconsider does not trigger an automatic stay of removal, unless the motion to reopen is against a deportation order entered in absentia. 8 CFR § 1003.2(f).

If you have been detained, you have an action pending before the BIA, or you are in danger of being immediately deported, your attorney may request an emergency stay of removal from the BIA. Once the courts have received the stay request, they are faced with an emergency situation in which the stay request must be given immediate attention and priority over other work. An emergency stay of removal can only be sought if you are in physical custody of DHS and you are facing immediate removal. The BIA entertains motions for stay of removal during business hours. In extreme situations, your immigration attorney can seek a stay of removal by telephone.

Get more information:
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