How to File a Stay of Deportation
If an immigration court judge has ordered that you should be deported from the United States, you want to make sure you have had the chance to file all possible appeals. You are going to want to file a stay of deportation. A stay of deportation is an order to the Department of Homeland Security to refrain from removing an immigrant from the United States. This is essentially an attempt to get permission to legally remain in the country. There are two ways to postpone deportation. You can either file an appeal with the Board of Immigration Appeals and in Federal Court.
After your initial case is heard in an immigration court, your appeal would be filed with the Board of Immigration Appeals. The procedure gives the non-citizens a 30-day period in which an appeal to the Board of Immigration Appeals can be filed. These 30 days are to see whether or not you will file that appeal. The B.I.A. may also issue a stay of deportation if a change in law affects the individual’s removability. If the non-citizen has decided to file the appeal to the B.I.A. and it addresses the facts of the case, he or she will likely receive a stay of deportation that goes into effect immediately.
In the chance that the B.I.A. denies the appeal, you should file an appeal with your local federal appeals court. The Court of Appeals may issue a judicial stay of deportation to prevent ICE officers from deporting the non-citizen while the petition for review is pending. This point in the process is the best time for hiring an attorney. Your attorney will need to need to file a motion for a judicial stay of removal while your case is pending in the court. However, the Department of Homeland Security can order the removal even while your attorney’s request is being processed.
The court is likely to have a traditional standard in place to decide whether you should be granted a stay of deportation:
- You have made a strong showing that you are likely to succeed on the merits of your appealed case.
- You will be irreparably injured if you aren’t granted a stay.
- Issuing the stay will substantially injure other parties.
- Issuing the stay would serve the public interests.
US Immigration Bonds has years of experience in dealing with the Enforcement and Removal Operations. We can assure you that we have a developed a plan that saves you time and money. Our bilingual professionals, should you need them, are here to relay that crucial information to you. You should call us before the immigration bond hearing.