Stay of Deportation

Stay or Suspension of Deportation

Individuals who have been ordered removed from the United States may file an application for stay of deportation. After a non-citizen has filed an appeal with the Board of Immigration Appeals (BIA), a stay of deportation will become effective automatically if the appeal concerns the merits of the case. There are instances, however, in which individuals must specially request that the BIA order a stay of deportation while the appeal is pending. A stay of deportation is generally not permitted if the individual is appealing an immigration judge’s denial of a motion to reopen, an immigration judge’s denial of a motion to reconsider, or an immigration judge’s denial of a motion to stay.