Dearborn Michigan Stay of Removal Lawyer

Bethany McAllister

A stay prevents DHS from executing an order of removal, deportation, or exclusion. Stays are automatic in some instances and discretionary in others.

Automatic Stays
Qualifying appeals — There are limited circumstances in which an order of removal, deportation, or exclusion is automatically stayed:

• direct appeal of an Immigration Judge’s decision on the merits of the case (not including bond and custody determinations)
• appeal of an Immigration Judge’s denial of a motion to reopen deportation proceedings conducted in absentia under prior section 242B of the Immigration and Nationality Act
• the 30-day period for filing either of these appeals, unless the right to appeal has been waived

An appeal must be timely and properly filed for an automatic stay to take effect.

There are no other instances in which an automatic stay of removal, deportation, or exclusion takes effect.

Qualifying motions — There are no motions that are filed with the Board that result in an automatic stay of removal, deportation, or exclusion.

Duration— An automatic stay of removal, deportation, or exclusion expires when the Board renders a final decision in the case. Occasionally, when the Board grants a temporary stay, the Board may vacate or dissolve the stay before reaching the merits of the appeal or motion.

Adjudication and notice When a stay is automatic, the Board does not issue a written order on the stay request.