Should I Ask for a Stay of Removal to Stop Deportation?
A stay of removal is a safe haven during this time of mass deportation. The government cannot deport someone if a judge has granted a stay of removal. One kind of stay of removal is from the court, either immigration court or the Board of Immigration Appeals (BIA). Another type of stay of removal is from the Department of Homeland Security (DHS). Read this article to find out why domestic abuse survivors and those who were children when they were scheduled to appear at immigration court should hire us for a stay of removal.
AUTOMATIC Stays of Removal
A noncitizen with a case before an Immigration Judge or the BIA can get an automatic stay of removal when a motion to reopen or motion to reconsider is pending. Meaning, a deportation order has been issued (even years ago) and now the noncitizen is asking for a new immigration court hearing. A motion to reopen and a motion to reconsider should be filed in EITHER of these situations:
- The noncitizen did not appear at the court hearing, was ordered deported for not appearing, and can prove that not appearing was not possible (example, hospital records, or the noncitizen was a minor who couldn’t drive or take a bus at the time)
- The noncitizen is or was married to a US citizen or legal permanent resident, and is a survivor of physical or extreme mental abuse, a qualified VAWA survivor.
Either of these situations will give the noncitizen an automatic stay of removal, an automatic safe haven. They will not be deported.
In addition to these automatic stays, an attorney can also ask an immigration court judge or the BIA to allow a noncitizen to stay if the noncitizen is likely to be substantially injured if deported and they have made a strong showing (meaning, the noncitizen has provided MANY documents) to prove that they are likely to win their case for either asylum or a green card based on a family member.
The Problem with Requesting a Stay from DHS
A person who has already been ordered deported could request a stay from the Department of Homeland Security (DHS) at any time. The problem, of course, is that filing this request requires honestly providing the noncitizen’s address, email, and phone number. DHS right now is on a mission to deport as many noncitizens as possible, so it is easy to understand why a foreigner with a deportation order might not want to ask DHS for a stay. In fact, filing a request with DHS for a stay may prompt Immigration and Customs Enforcement to detain that person and deport them. Noncitizens must carefully consider the risk of deportation before requesting a stay from DHS.
If you are a domestic abuse survivor or were a child when you were supposed to appear at an immigration court hearing, call 954.385.0157 or click “For Future Clients” to schedule a chat with our expert immigration attorneys.
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Disclaimer – These entries are based on real life events. Family member names, when used, are real. Client names are changed for privacy.
