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Deportation and removal proceedings: Delaying removal

On Behalf of | Mar 4, 2016 | Criminal Defense

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 immigrantion 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 immigrantion 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 immigrantion attorney can assist those in California who have been ordered to leave the country in their fight to delay their deportations and seek immigrantion relief.

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