What is a Stay of Removal and How Does It Work?

What is a Stay of Removal and How Does It Work?

In some circumstances, individuals who are illegally present in the U.S. become subject to deportation or removal orders. This means that the individual has a date by which he or she must either voluntarily leave the U.S. or be escorted from the U.S. to his or her home country. Even after an individual becomes subject to a deportation order, however, one potential avenue of relief is requesting a stay of removal or deportation. An individual requests a stay of removal by filing an Application for a Stay of Deportation or Removal with the local Enforcement and Removal Operations office (a branch of Immigration and Customs Enforcement – ICE). You must pay a $155.00 fee along with this application, and include any documentation that supports your application, such as medical records, evidence showing that you should not be deported as ordered, and evidence that you intend to comply with the order of removal. A stay of removal can be either automatic or discretionary, based on the situation. Automatic stays of removal, issued by an immigration judge, can occur within the 30-day filing period for the appeal of a deportation order, or between the time of filing a motion to reopen and the judge’s ruling.. On the other hand, a district director can grant a discretionary stay of removal based on the facts of a particular case. If your application for stay of removal is granted, you will likely become subject to an Order of Supervision and you often must post at least a $1,500 bond. This Order also may give you the authority to work, in some cases. Normally, the U.S. Department of Homeland Security (DHS) has the authority to execute a deportation order, which means that it can ensure that the individual leaves the U.S. as ordered. However, a stay of removal suspends the authority of DHS to execute the order of deportation. We are the California deportation defense lawyers whom you can turn to if you or a loved one are facing deportation proceedings, no matter what the reason may be. Regardless of the complexity or difficulty of the situation, Landerholm Immigration, A.P.C. has the experience, knowledge, and skills to advocate on behalf of you and your family throughout the course of any deportation proceedings.
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