Can A Detained Immigrant Qualify For A Stay Of Removal?

A detained immigrant facing deportation may seek a stay of removal to delay or prevent their deportation from the United States. A stay of removal is typically granted by an immigration judge or the Board of Immigration Appeals (BIA) and may provide the immigrant with more time to pursue relief or appeal their case.

Steps to Take for a Stay of Removal:

Assess Eligibility for Relief: The detained immigrant should first determine if they are eligible for any form of relief, such as asylum, cancellation of removal, or adjustment of status.

File a Request for a Stay of Removal: The immigrant, or their attorney, can file a formal request for a stay of removal, usually through the immigration court or BIA.

Provide Evidence of Hardship: To strengthen the request, the immigrant should present evidence of hardship or factors that would make deportation detrimental, such as family ties in the U.S., medical conditions, or humanitarian concerns.

Appeal to Higher Authorities: If an immigration judge denies the stay, the immigrant can appeal to the BIA or request a stay from the U.S. Citizenship and Immigration Services (USCIS) under certain circumstances.

Seek Legal Counsel: It is important to consult with an immigration attorney to navigate the complex process and improve chances of success.

Legal Actions and Protections:

Humanitarian Factors: Factors like severe health conditions or fear of harm upon return to the home country can influence the decision.

Bond Hearings: A detained immigrant may also request a bond hearing to secure release while awaiting a decision on their stay of removal.

Appeals Process: If the initial stay request is denied, it is important to continue pursuing legal options through appeals and motions.

Example:

If a detained immigrant has a medical condition that requires ongoing treatment unavailable in their home country, they may qualify for a stay of removal based on humanitarian grounds. For instance, if a mother facing deportation has a child in the U.S. who is a U.S. citizen, she may apply for a stay of removal citing the hardship her deportation would cause her child, who would face emotional distress and possible instability.