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Stay of Removal in San Diego and Houston

Per the Code of Federal Regulations § 241.6, an alien may seek to request a stay of removal or deportation by filing Form I-246, Stay of Removal, after they have been ordered to be deported or removed from the country. There are two different kinds of stays that can be granted: automatic and discretionary.

According to the EOIR Immigration Court, removal proceedings can be automatically stayed:

  • During the 30-day filing period for an appeal;
  • During the direct appeal;
  • When a case is certified to the Board of Immigration Appeals;
  • Between the time a motion to reopen is filed and the judge's ruling;
  • When the final disposition is pending of motions to reopen.

In other cases, per § 241.6, a district director is able to grant a discretionary stay based upon the factors of the specific situation, with the time and conditions of the stay set as the director deems to be appropriate. Should the district director deny the request for a stay, it cannot be appealed; however, it does not affect an immigration judge or the Board from granting a stay in regards to a motion to reopen.

Application for a Stay of Deportation or Removal

To apply for a stay of deportation or removal, you will need to submit Form I-246 in person to the closest Enforcement and Removal Operations (ERO) office. Along with the form, you will need to include a valid passport, either a copy of your birth certificate or identity documents, along with all police reports, court dispositions and dispositions for all arrests. Beyond that, you will need to submit the following in support of the application: medical documentation, evidence that you cannot and should not depart from the United States, evidence that you plan to comply with the order of removal, and any additional support of your claim. Should your application be approved, you will be issued an Order of Supervision (OSUP); under the discretion of the Field Office Director, you may even be given employment authorization. Beyond that, you will be required to post a minimum of $1,500 for Delivery or Order of Supervision Bond.

Looking for a lawyer for your immigration case in San Diego or Houston?

If you are facing orders of removal or deportation, it is in your best interests to consult with Guerra & Johnson as your earliest convenience. With years of experience, we have proven that we are adept at these types of cases and can work with you to help avoid the possibility of removal or deportation. To learn more about how a San Diego immigration attorney from our firm can help you with the application for a stay of deportation or removal, please contact us at our San Diego or Houston office as soon as possible.

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Guerra & Johnson, P.C. - San Diego Immigration Lawyer
Located at 750 B Street #3300 San Diego, CA 92101. View Map
Phone: (888) 762-8580 | Local Phone: (619) 961-4169.