Skip to content

How to File a Stay of Deportation

Home » 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:

  1. You have made a strong showing that you are likely to succeed on the merits of your appealed case.
  2. You will be irreparably injured if you aren’t granted a stay.
  3. Issuing the stay will substantially injure other parties.
  4. 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.

Fedelin Celestin
Fedelin Celestin
04:28 04 Jul 17
The best company ever. They same day I did sign all the paper work the same day they make sure my cousin release. They make everything easy for me. Thank you very much team of us immigration bonds.
Naele Gilchrist
Naele Gilchrist
23:28 31 Oct 16
US immigration bonds were absolutely the best they were super professional. When I was down and out when my husband was detained by immigration they were very caring , knowledgeable, and patient. I called them a thousand times and they were very empathic and helpful everytime I called. they reassures me that everything would be fine, and that they would help me my husband, and my children be reunited again. They did everything they could to get me a same day release. They exceeded my expectations. I would not recommend any company other than US immigration bonds. Us immigration bonds, under promises and over fulfills. They were a true blessing ! Thank you so much again.read more
Michael Kelly
Michael Kelly
19:11 05 Nov 14
Jeremy Wolf and his agency have been a terrific resource for me as I delve into this foreign world of bonding a friend out of jail so he and his wife can work on his case on the "outside." Jeremy has been unfailingly polite and informative and his video regarding how to complete the necessary forms was a valuable tool too. The entire process was quick and relatively easy. I especially appreciated not having to deal with a jaded, impatient, figure--it-out-yourself kind of person when I was treading in really unfamiliar territory. My questions were always answered quickly and efficiently.I highly recommend this company in your time of need for quick, efficient and professional service with no attitude or delay.read more
Lashae Crowford
Lashae Crowford
22:29 09 Jan 18
very Helpful!! thank you
Patricia Howerton
Patricia Howerton
00:56 18 Nov 15
Jeremy Wolf, is compassionate and understanding. He has been there and done it with his own family, and together with his wife they dedicate their time and energy into helping other families come together. I know this because my husband was taken by ICE and his bond was set much higher than I could have imagined, having in my hands at any given time. ... With Jeremy, his wife and the rest of the team we were able to piece together the required 80% and set up a affordable and convient payment plan. It was a grueling process, at times I felt like I was going to loose all my hair, as I ran around selling homemade tamales, and had various other fund raisers going on, along with my husband being detained, I lost my home, my dog and my daughter and I pushed forward with the help and support of Jeremy and his team, if It wasn't for there hours of help and dedication, to put a previous bond for my nephew into action to help my husband, we wouldn't have been able to have him home for the Holidays. ... To Jeremy, Veronica, and Amber, who I spoke with often, and the other parts of the team who I was unable to catch their names, I THANK YOU, FROM THE BOTTOM OF MY HEART!read more
See All Reviews

Get Started

Get help today, contact us 1-800-225-2587 or complete the form below:

  • This field is for validation purposes and should be left unchanged.

Children of Immigrants
Children of Immigrants
US Immigration Bonds & Insurance Services helps to reunite families by supporting the Children of Immigrants organization

Click Here to Read More

BBB Rating A+
Children of Immigrants
Satisfaction Guarantee
Visa
Mastercard
AMEX
Discover
US Immigration Bonds
Scroll To Top