Protecting Your Right to Stay in the U.S.
What is a Stay of Removal?
A stay of removal is a legal way to stop a deportation order temporarily. This means you can stay in the U.S. while your case is being reviewed or until a decision on an appeal is made. This pause can be granted by an immigration judge, the Board of Immigration Appeals (BIA), a federal court, or the Department of Homeland Security (DHS).
Types of Stays
- Automatic Stay: In some cases, such as when an appeal is filed immediately with the BIA, a stay of removal may be issued automatically. This means your deportation is paused while the appeal is being reviewed.
- Discretionary Stay: This type of stay needs to be requested. You must explain why the stay should be issued, like showing new evidence or humanitarian reasons. It’s up to the reviewing authority to decide.
- DHS Stay: The Department of Homeland Security can also grant a stay, often for humanitarian or significant legal reasons.
Why Request a Stay of Removal?
- Pending Appeals: If you have an appeal or want to reopen or reconsider your case, a stay can stop the deportation while your case is being reviewed.
- New Evidence: If new important evidence comes up, a stay gives time for this evidence to be considered.
- Humanitarian Reasons: Serious health issues, family ties in the U.S., or other important reasons can justify a stay.
How J. Molina Law Firm Can Help
Requesting a stay of removal can be complicated and requires detailed legal knowledge. At J. Molina Law Firm, our experienced immigration attorneys can guide you through every step, from filing the request to presenting a strong case for why a stay should be granted. We are dedicated to protecting your rights and providing you with the best legal support.
If you or a loved one is facing deportation, contact us today to see how we can help you stay in the U.S. while your case is reviewed.
