STAYS OF REMOVAL

A stay of removal is a temporary postponement, which prevents the Department of Homeland Security (DHS) from carrying out an order of removal. Sometimes a stay of removal may be automatic, while in others, it may be discretionary. Below we discuss discretionary Stays of Removal filed with ICE.

Discretionary Stays of Removal through ICE
After an Order of Removal is issued by an Immigration Judge, you still have the right to defer removal by filing a Stay of Removal with your Deportation Officer. The Deportation Officer may grant you up to a one year Stay. The Stay is renewable. Many times beneficiaries of a Stay of Removal with ICE are placed under an Order of Supervision and must report regularly to their local ICE office. While you are on a Stay of Removal and/or an Order of Removal you may be eligible for employment authorization.

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