Stay of Removal Application – Stay of Removal Immigration – Motion to reopen
Deportation is the process of expelling a foreigner from the country.
As a non-citizen facing deportation, you may want to postpone removal while you attempt to get your case reopened or reconsidered.
FEDERAL COURT STAY OF REMOVAL
Pursuant to INA 242(b)(3) and 8 U.S.C. 1252(b)(3), filing a petition for review of a removal order does not automatically stay the petitioner’ removal from the United States. However, the Courts of Appeals may issue a judicial stay of removal to prevent U.S. Immigration and Customs Enforcement (ICE) officers from deporting a person while his/her petition for review is pending before the court.
A stay motion is filed with the Court of Appeals with jurisdiction over the petition for review of the removal order. An emergency stay motion is a motion that is presented in the Court without the normal “five business days notice” requisite. It is a special motion used for considering a decision quickly in order to avoid irreparable harm. An emergency motion provides immediate relief as the response is delivered quickly than a normal one by the court.
In the Third Circuit Court of Appeals (Pennsylvania, New Jersey, and Delaware), an Emergency Stay response will be due within 7 days, with 3 days for a reply, if the motion requires expedited consideration. To the extent possible, clerk must be given advance notice by phone that an emergency motion will be filed.
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