In certain situations, you may be at risk of immediate or imminent deportation back to your country and the only way to avoid your deportation is to request a stay of removal from either an Immigration Court or Immigration and Customs Enforcement (“ICE”).
If there is a removal order that was entered against you, you may need to quickly file a motion to reopen and request that an Immigration Court stay, or temporarily stop your deportation until the Court decides if your case can be reopened. This is a critically important step for you in order to avoid being detained and deported to your home country.
In other situations, it may also be possible to request a stay of removal from ICE if a client has certain relief pending or if there is an emergency situation. Noncitizens who obtain stays of removal are given an order of supervision which requires them to check-in with ICE during the time that the stay of removal is in effect against the individual.
There is an automatic stay in place when you file a motion to reopen an order of removal which was entered against you in your absence (in absentia) or when you file an appeal to the Board of Immigration Appeals of the Immigration Judge’s order. Therefore, no request for stay of removal is needed in these instances.
Stays of removal can be complex, tricky, and time-sensitive and we highly recommend you consult with us rather than attempting this avenue without an attorney. Especially in this political climate, it is even more critical to obtain legal advice from a competent attorney who can advise you on the correct procedure for the stay of removal in order for you to protect your legal rights and avoid deportation, while also avoiding prolonged immigration detention. Call our office today at 407-674-6968 and schedule a consultation with one of our expert attorneys, Suzanne Vazquez and Maud Poudat! You may also fill out our online form and we will contact you shortly.