A stay of deportation is an important step in the immigration process. Immigrants who appeal a judge’s order of removal can obtain a stay of deportation to keep them from being deported until the appeal has been resolved.
The appeals process can be complex, and having the legal resources and representation needed to protect your status within the country’s border is critical to the wellbeing of you and your family.
The following will help you understand how appeals and stays of deportation work so that you can protect your rights under U.S. immigration laws.
What is a Stay of Deportation?
A stay of deportation lets immigrants postpone the deportation process, which is overseen by the Executive Office for Immigration Review (EOIR).
Deportations typically result from violations of the terms related to an individual’s green card or visa. This results in court hearings in which immigrants can have legal representation to present a defense against charges that may warrant a removal.
If the person is unable to convince the courts that they should remain in the country, the immigration judge will issue an order of deportation. Immigrants facing removal can appeal their case if there are sufficient legal grounds.
Appeals are common in the immigration system, with up to 40,000 occurring each year. This allows immigrants to successfully avoid deportation and maintain their legal status within the U.S.
Discretionary and Automatic Stays of Deportation
Decisions made by the immigration courts are reviewed by the Board of Immigration Appeals (BIA), which is part of the Executive Office for Immigration Review.
BIA’s rulings represent the last action that can be taken in a case prior to its transfer to the United States courts of appeals.
Discretionary and automatic stays of deportation are two possible scenarios that can result in a given case. A discretionary stay of deportation occurs when the BIA grants stays at its own discretion. This can be implemented as long as the board’s actions remain within its authority and jurisdiction.
Automatic stays of deportation are granted when appeals are filed within the 30-day time period required under U.S. immigration laws.
If an immigration judge denies a motion to reopen the legal proceedings related to deportation, filing an appeal may result in an automatic stay of deportation if the proceeding occurred while the immigrant was “in absentia”.
Cases involving spousal or child abuse may also result in automatic stays of deportation.
Your immigration attorney will help you determine the options that may be presented to you depending on the circumstances of your case.
Requesting Stays of Deportation
Any request for a stay of deportation must be made in writing. In some cases, oral stays may be granted when the case warrants immediate action.
The request for a stay of deportation must be approved by the BIA. In addition, the BIA must suspend the removal order that was already put in place.
Although the BIA is not responsible for overseeing court proceedings, they do review most immigration cases, and automatic stays of deportation expire once the BIA has made a final decision.
Consulting with an experienced immigration attorney is essential to appealing a removal order and obtaining a stay of deportation. Every case is unique, and your attorney can review your circumstances to determine the best solutions that are available to you.
Stays of deportation can postpone your removal and ensures that your legal rights have been fully represented and protected. It’s an essential step in protecting the livelihood of you and your family while securing your status in the U.S.