New Apply Advisory: Stays of Removing

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American Immigration Council (Council) and the National Immigration Project, Jan. 17, 2025

“A keep of removing prevents the Division of Homeland Safety (DHS) from executing a closing order of removing in opposition to an individual. DHS, immigration judges (IJs), the Board of Immigration Appeals (BIA), and the U.S. courts of appeals all have the authority to grant stays of removing. If a keep of removing is in impact, DHS might not take away the particular person from the USA. There are two classes of stays of removing: court-ordered and administrative. Though immigration courts and the BIA are a part of the Division of Justice and due to this fact administrative tribunals moderately than judicial tribunals, keep requests thought-about by these adjudicators are ruled by comparable requirements and procedures as those who govern judicial keep requests. As such, this apply advisory makes use of the time period “court-ordered keep of removing” to explain a keep issued by an immigration courtroom, the BIA, or a U.S. courtroom of appeals. Administrative stays of removing confer with DHS-issued stays of removing. This apply advisory explains how one can search a court-ordered keep of removing with an IJ, the BIA, and the U.S. courts of appeals, and how one can search an administrative keep of removing from DHS.

Copyright (c) 2025, American Immigration Council (Council) and the Nationwide Immigration Mission. This useful resource is launched below a Inventive Commons Attribution 4.0 Worldwide License (CC BY 4.0). It’s supposed for licensed authorized counsel and isn’t an alternative choice to impartial authorized recommendation offered by authorized counsel aware of a consumer’s case. Counsel ought to independently verify whether or not the legislation has modified because the date of this publication. This apply advisory is an replace of a apply advisory printed on June 21, 2021 by the Catholic Authorized Immigration Community, Inc. (CLINIC). This apply advisory incorporates elements of one other apply advisory, “Looking for a Judicial Keep of Removing within the Court docket of Appeals,” issued on January 21, 2014 by the Nationwide Immigration Mission, the American Immigration Council, Boston School Publish Deportation Human Rights Mission and Immigrant Rights Clinic, New York College Faculty of Legislation, and Washington Sq. Authorized Companies, which was authored by Trina Realmuto, Jessica Chicco, Nancy Morawetz, and Beth Werlin. Michelle N. Méndez, Director of Authorized Assets and Coaching on the Nationwide Immigration Mission, Rebecca Cassler, Senior Litigation Lawyer on the American Immigration Council, and Emma Winger, Deputy Authorized Director on the Council, authored this apply advisory. The authors wish to thank Rebecca Scholtz, Senior Lawyer on the Nationwide Immigration Mission, for her considerate evaluation and useful suggestions and Nationwide Immigration Mission extern Tyler Brooks for his cautious cite test.”