Obtaining a Stay of Removal
North Carolina Deportation Defense Lawyer
If you are facing removal from the United States, then you will want to take every step necessary to avoid this action from taking effect. It is important to postpone deportation to allow you time to seek permanent residency in the United States. The purpose of a stay of removal is to assist you through the process of remaining in the United States while you are actually present in the country. It is difficult to fight a pursuit toward an adjustment of status while not currently in the States.
Who grants a stay of removal?
The stay of removal is a temporary suspension of the legal action of deportation. If you obtain a stay of removal, then the judge has accepted a postponement of a scheduled removal in order to permit you to pursue a permanent stay. A stay of removal can be granted to provide relief from investigation by the Department of Homeland Security (DHS). This stay is the most common form of relief and can be granted by the Board of Immigration Appeals (BIA) at its discretion. When filed with the BIA, this action is considered an administrative stay of removal. A non-citizen can also apply directly with the DHS office that is located in the same jurisdiction in which he or she resides.
A judicial stay of removal can be filed with the federal court to avoid being removed from the country. This does not, however, result in an automatic say of removal order. The alien must be granted a stay by the BIA, DHS, or federal court. A discretionary stay of removal is given in a written order and will expire when the final decision is made on the case. This procedure demands the attention of a North Carolina deporation defense attorney from our firm. Attorney Robert Brown and other members of our team can be of assistance to help you postpone removal.