Stay of Removal | Form i-246

Stay of Removal | Form i-246. Stay of Removal

A stay of removal is a temporary postponement, which prevents the Department of Homeland Security (DHS) from carrying out an order of removal.

An automatic stay of removal will only go into effect if an appeal is filed properly within the time frame specified by the immigration laws. Appeals of an immigration judge’s decision are made to the Board of Immigration Appeals (BIA). The BIA is the highest administrative body which interprets and applies the immigration laws. The BIA typically does not conduct courtroom proceedings. Instead, they do a “paper review” for most cases. If an automatic stay of removal is granted, it will expire when the BIA gives a final decision on a given case.

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