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How to request a stay of removal

| Apr 13, 2021 | Uncategorized

Deportations or removal proceedings are how the government can legally require someone to leave the U.S. against their wishes. If you or someone you know is facing this legal battle in Kentucky, there are some things you should know about.

Stay removal basics

A stay of removal is a way to prevent the federal government, namely, the Department of Homeland Security, from deporting you or your loved one. While there are numerous stays of removal, there are some more commonly used than others in immigration law.

Under limited circumstances, grants of automatic stays typically require an appeal to the Board of Immigration Appeals or BIA. They review case filings and may provide stays of removal, typically during pending judicial actions or judgments.

On the other hand, the BIA is also able to make discretionary stays of removal. These are most often done when an appeal or motion on the case in question is submitted to the governing body.

If the BIA grants your stay of removal in any of the above cases, they may provide you with at least temporary relief from deportation. However, a stay of removal does mean permanent prevention of deportation. Instead, you will likely need to await the concluding decision of the BIA or immigration courts for a final resolution of your case.

How to request a stay and get legal assistance

Requesting removal of stay can be a difficult and time-consuming process. To receive a stay, you will likely need to submit a written document known as a motion that outlines the details of your case and specifies why a stay of removal is being requested to the BIA. They then may decide to approve your request or not. If they approve your request, you should receive a written document outlining the details of your stay of removal.

It may be beneficial to work with a lawyer well versed in immigration law if you want to work towards getting a stay of removal. Immigration law attorneys usually have significant experience and knowledge of the complex nature of the rules and rights regarding immigration and those who may no longer have status. Moreover, they may be able to successfully argue your immigration case before immigration officials.

Fighting deportation proceedings can be tough. And it can be especially challenging if you are not familiar with the rule of law the governs the process. However, with accurate information, you should be in a much better position to work to protect your rights to stay in the United States.