Stay of Removal Lawyer
IMMIGRATION ATTORNEY LAURA LEON
A final removal order can place an individual and their family in a serious, urgent situation. Immigration and Customs Enforcement (ICE) may take steps to enforce the order, even if the individual is pursuing another application, motion, or appeal. In some cases, a stay of removal can temporarily prevent the government from carrying out the removal order. However, it’s important to note that a stay is not permanent immigration relief, and approval is not guaranteed. Removal may still occur while you pursue this form of relief, which is why we recommend seeking legal representation as soon as you can.
The stay of removal lawyers at Laura Leon Law, PLLC, can evaluate the order against you, identify potential remedies, and decide the best path forward. Schedule a free consultation today.
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What Is a Stay of Removal?
A stay of removal temporarily stops the Department of Homeland Security (DHS) from executing an order of removal, deportation, or exclusion. Essentially, it pauses enforcement for a certain period or while another matter relevant to your case is being considered.
A stay doesn’t cancel the underlying removal order. It also doesn’t reopen immigration proceedings, grant lawful status, or give you permanent protection from deportation. It is a narrow, temporary measure that may give you time to pursue other legal options. For example, if you are granted a stay, you may use it to pursue a motion to reopen, get a decision on another pending case, address medical issues, or resolve a family matter before leaving the country.
Who May Request a Stay of Removal
An individual with a final order of removal, deportation, or exclusion may ask DHS to temporarily halt enforcement. Whether a request is appropriate depends on your procedural history, current circumstances, and other legal options.
Reasons for requesting a stay may include:
- A pending motion to reopen or reconsider
- A pending appeal, petition for review, or related court action
- A serious medical condition requiring treatment
- A pending immigration application that could affect removability
- An urgent need to make arrangements for dependents before leaving the country
ICE ultimately has discretion to approve or deny a request. Certain factors can weaken your request for a stay of removal, including criminal history, inaccurate or incomplete information, or failure to comply with ICE requirements.
When a Stay May Be Appropriate
A stay can be particularly useful when removal is set to occur before a court or agency has time to decide on a significant filing. Still, applicants shouldn’t assume that submitting a motion, appeal, or petition automatically protects them from deportation.
Some removal orders are automatically stayed during certain appeal periods or proceedings. However, many motions to reopen or reconsider do not result in an automatic stay.
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The I-246 Stay of Removal
Form I-246, Application for a Stay of Deportation or Removal, is used to request a discretionary stay from ICE. It is an ICE form, not a USCIS application or filing. The form is handled by the appropriate ICE field office. Note that this form is just a request for a stay; filing it does not stop removal. ICE may require the applicant to provide fingerprints and be photographed as part of the application.
Information Required on the I-246 Form
The I-246 form requests information on the individual’s identity, immigration case, final order, criminal history, family, and reasons for requesting additional time in the United States. Be careful when filling out this form, as inconsistencies between the form and prior immigration filings may weaken the request and raise additional legal concerns.
Evidence That May Support an I-246 Application
Your stay of removal lawyer can help you determine which evidence best supports your request. You may want to submit:
- Medical records and provider letters
- Copies of pending motions, appeals, and petitions
- Evidence of scheduled court proceedings
- Birth and marriage certificates
- Evidence of hardship to children or other dependents
- Employment and tax records
- Records showing compliance with ICE requirements
What Happens After Filing Form I-246?
Form I-246 generally must be submitted in person to the appropriate ICE Enforcement and Removal Operations field office. When you submit it, ICE may fingerprint and photograph you or request additional information. They may ultimately approve a stay for a limited time or deny the request. If they deny the request, the final removal order remains immediately enforceable.
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Schedule a Free Consultation with Our Stay of Removal Lawyer
If you believe a stay of removal can give you the time you need to finish an appeal or await the decision of a court proceeding, it’s time to talk to the team at Laura Leon Law, PLLC. Let’s discuss your pending order, your next steps, and potential relief options. Contact us to schedule a free consultation.
