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Get immediate help with your immigration issue.
Call 213-784-6598 to arrange a time to talk

Automatic stays of removal as a form of deportation defense

Automatic stays of removal as a form of deportation defense

| Dec 14, 2020 | Immigration

If you are facing deportation, the best thing you can do is to form a strategy that will help you to successfully defend yourself from being removed from the United States. However, forming a defense strategy can take a significant amount of time. Therefore, one of your initial priorities should be to make sure that you have enough time to defend yourself before the Department of Security (DHS) carries out an order of removal.

If you believe that you may be subject to an order of removal in the near future, take action to give yourself time. It can be incredibly stressful to deal with the possibility of being removed from the country at any given time while simultaneously needing to develop a strong defense. The following are some ways that you may be able to successfully put in place an automatic stay of removal or a discretionary stay of removal.

Automatic stays of removal

In some cases, you may be able to have an automatic stay of removal put into place. This will give you enough time to build your case and defend yourself. If granted, the automatic stay will expire when the Board of Immigration Appeals (BIA) gives a final decision on your case.

Situations in which an automatic stay of removal is put in place include during the 30-day period for filing a direct appeal of an immigration judge’s decision, or when a final outcome or decision is pending.

Discretionary stays of removal

It may be possible to delay deportation by going through a process called Delayed Enforced Departure (DED). This is used at the President’s discretion but can mean that your removal from the United States will be deferred for a specific amount of time. Only immigrants from certain countries are eligible for this currently.

If you are currently at risk of being deported from the United States, it is vital that you take swift action to understand your deportation defense options.