Stay of Removal in NY
What Is a Stay of Removal?
Stay of removal will temporarily halt any deportation processes that have
been issued by the Department of Homeland Security (DHS). DHS is usually
in charge of issuing “orders of removal.” However, for those
facing removal or deportation, there may be some relief to postpone the process.
Musa-Obregon & Associates is a legal team with
100 years of collective experience. If you require assistance with your
immigration matter, do not hesitate to contact us for a free case evaluation.
Understanding Automatic Stay of Removals
First, you must understand that petitioning for a stay of removal will
not always be automatically granted. It can be, however, if you file an
appeal by a certain deadline. The time limits are based on the current
immigration laws. The Board of Immigration Appeals (BIA) will handle appeals
made to immigration judges.
These are the conditions where automatic stays of removal are issued:
- If the appeal filed during the 30-day window and is a direct appeal of
an immigration judge’s decision
- If the appeal was filed to an immigration judge due to issues or errors
in the case
- If the appeal was filed due to a denial of motion to reopen removal proceedings
that took place while the applicant was not present
- The outcome of a case is still pending decision from an immigration judge
The process first begins with a written motion to the BIA. The BIA must
then grant the stay of removal to take place before the removal orders
can be postponed. As always, you can contact Musa-Obregon & Associates
to help keep you informed about the various laws. Our New York immigration
attorneys offer attentive and vigorous legal representation for anyone
Protect Your Legal Rights!
We are fierce advocates and are committed to protecting your rights. We
understand that the deportation is a frightening prospect. We have successfully
helped numerous retain their residency in the U.S., even taking cases
as far as the Immigration Courts, Superior Courts, and the Supreme Court.
Get our Queens immigration lawyers on your case today. Call for your
free consultation today!