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How to obtain a stay of removal

On Behalf of | Jan 17, 2018 | Deportation Defense

If an immigrant living in Florida is selected for removal from the United States, it may be possible to obtain a stay of that action. This may be done automatically if an appeal is filed in a timely manner. If an appeal is made, it will be reviewed by the Board of Immigration Appeals. If a stay is granted, it will be in effect until a final decision can be made on the case.

Automatic stays may also be granted if a case is appealed directly to a judge based on the merits of a case. This may also be the case if a judge made the decision to not reopen an immigration case because the defendant was not present when the ruling was made. In the event that an automatic stay is not possible, the BIA may still consider a stay if it has the authority to do so.

In most cases, this is done in writing, but it is possible that oral arguments will be accepted over the phone. Regardless of what the BIA may decide, people might be protected from deportation with a Deferred Enforced Departure. This is a power granted to the president, and it protects an individual from deportation for a predetermined amount of time. It may also allow a person to work in the United States or leave the country.

Individuals who are not citizens of the United States may be subject to removal proceedings if they don’t comply with immigration laws. Those who are selected for removal may wish to consult with an attorney. Doing so may make it easier to draft a written motion to stay a potential deportation. It may also help an individual takes steps to have a deportation deferred through presidential action.