Law Offices ofJan Joseph Bejar A P.L.C.
Resolving Immigration Problems In An Honest & Responsible Manner

Deportation and removal proceedings: Delaying removal

For immigrants in California and elsewhere, the thought of deportation often weighs heavily on their minds. When a removal is ordered, it is not uncommon to question what options one might have to fight the order. While many believe it is not possible to fight a negative deportation and removal proceedings outcome, the truth is it may actually be possible to delay a removal order.

A delay or stay of removal may be granted, temporarily, to allow further review of one's case. If granted, the Department of Homeland Security is not allowed to carry out a removal order. A stay of removal is not something that is granted in every case, though. It may be, however, if one qualifies for a form of immigration relief.

When it comes to stays of removal, there are two different types: automatic and discretionary. An automatic stay of removal must be applied for within a specific time frame. Appeals may be filed for a number of reasons, including if deportation was ordered without the immigrant present for legal proceedings or if a case being heard by an immigration judge is still pending. Discretionary stays of removal are a little different. These are granted for reasons other than those allowed for automatic stays of removal.

If, at deportation and removal proceedings, deportation is ordered, appeals for stays of removal may may be submitted then or shortly thereafter. These usually require written motions, though in urgent cases, oral requests may be permitted. An immigration attorney can assist those in California who have been ordered to leave the country in their fight to delay their deportations and seek immigration relief.

Source: FindLaw, "Stay of Removal", Accessed on March 2, 2016

No Comments

Leave a comment
Comment Information
Email Us For A Response

Do You Have A Case Or Question?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Contact Our Office

Law Offices of Jan Joseph Bejar, A P.L.C.
3230 Fifth Avenue
Suite 100
San Diego, CA 92103

Phone: 619-291-1112
Fax: 619-291-1102
Map & Directions

Google Map