Stay of Removal Proceedings

If you are found to be illegally in the country or no longer here under lawful status, immigration authorities will commence removal proceedings against. Ultimately, there will be a Removal Hearing before an immigration judge where they measure the circumstances of each individual on a case by case basis. If the judge finds that the individual cannot exhibit a hardship or their ongoing residence in the United States is harmful, they will issue a Final Order of Removal, which normally means that the individual most leave the country within 90 days of the order. However, a non-citizen subject to an order for final removal still has certain relief. In certain circumstances, individuals can file a motion to stay removal pending an appeal of the judge’s order to remove.

How to Avoid Removal from the United States

Non-citizens may apply for a stay of a final order of removal by submitting Form I-246 to the CIS Office in their district.  Such a stay is temporary and is granted at the discretion of the CIS District Director.  Since the mere filing of a motion to reopen does not automatically stay removal, the regulations authorize non-citizens to couple a motion to reopen with a request for a stay to permit a decision on the motion.  Although a stay of removal is commonly used in connection with a motion to reopen or reconsider, or when a non-citizen is appealing an order of removal to a Federal Court, non-citizens under removal orders may also move for a stay pending an application for permanent residence and in other exceptional circumstances.  A pending application for immigration status, however, does not entitle a non-citizen to a stay of removal; instead, the stay remains a discretionary matter.  Armstrong v. INS, 445 F. 2d 1395 (9^th Cir. 1971)  If granted, the CIS District Director may impose such conditions as he or she decides are appropriate and must set a specific time limit for the stay.  An application for a stay does not relieve the applicant from strict compliance with an outstanding order of removal. The District Director’s decision on the application is not appealable, although the non-citizen may renew the application before the BIA.

More Information Regarding Stay of Removal