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Stay of Removal in NY

Stay of Removal Immigration Court: What Is It?

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.” For those facing removal or deportation, there may be some relief to postpone the process.

Musa-Obregon Law PC 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 Law PC to help keep you informed about the various laws. Our New York immigration attorneys offer attentive and vigorous legal representation for anyone currently in removal proceedings.

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!

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