If you are facing deportation but you need to remain in the U.S., whether it is because you fear for your safety in your home country or because your child is reliant on the healthcare they have been receiving here in the U.S., there may be a way to place your removal order on hold so that you are able to temporarily remain in the country. The Board of Immigration Appeals (BIA) refers to this “hold” as a “stay” and this decision can only be made by the agency itself.
A stay “temporarily prevents the Department of Homeland Security (DHS) from executing an order of removal, deportation, or exclusion. A stay may also be issued by the BIA to temporarily prevent the release of a respondent on bond.”
There are two types of “stays.” The first is an automatic stay and these “do not have to be requested.” For instance, if you were to “appeal an immigration judge’s removal decision, the removal order is automatically stayed while the appeal is pending.” This gives the court some time to sort out or resolve any discrepancies or get your case in order. The second is a discretionary stay and this must be requested. For example, “if a respondent is seeking to reopen an immigration judge’s removal order, the stay is not automatic, and the respondent has to ask for one.”
There are also emergency stays. What is an emergency stay?
An emergency stay “is a stay that is based on an action that is clearly about to happen.” The BIA will consider a request for an emergency stay if one of the following conditions exist:
- “The respondent’s removal from the United States is imminent, DHS has confirmed a specific removal date and time, the respondent is in the physical custody of DHS, and the respondent requests an emergency stay in writing.”
- “The respondent’s release from custody is imminent, and DHS requests in writing an emergency stay of release from detention.”
In order for the BIA to consider a request for an emergency stay, the U.S. Department of Justice says that it must not only be in writing, but one of the following must be true:
- “A motion is pending before the BIA.”
- “An appeal of an immigration judge motion to reopen is pending before the BIA.”
- “An appeal of an immigration judge bond decision is pending before the BIA.”
- “A case is pending before the BIA that has been remanded from a U.S. Circuit Court.”
- “The BIA decides, in its own discretion, to grant a stay.”
If you need to file a request for an emergency stay, it is best that you have a Paterson, NJ deportation attorney helping you so that you increase your chances of having the request processed and approved.
Here’s an example of how a stay on deportation can help someone who has been placed in removal proceedings.
If you’re loved one was detained by ICE and faces removal, its time you contact a reputable Paterson, NJ deportation law firm that can help them.
While options may be limited when an immigrant is placed in removal proceedings and detained, they do have rights and some options. A deportation attorney in Paterson, NJ is the person who can help explain, and pursue, these rights and options. If you wish to help your relative explore the available options to stay an order of deportation, it’s time you contact The Law Office of Eric M. Mark. Our office is skilled in various areas of immigration law and is confident we can help you and your loved overcome the hurdles you have been faced with.
The Law Office of Eric M. Mark is located at:
Jersey City Office
121 Newark Avenue, Suite 515
Jersey City, NJ 07302
201 Washington Street
Newark, NJ 07102
20 Commerce Drive, Ste. 135
Cranford, NJ 07016