Stays of Removal

A stay of removal prevents the Department of Homeland Security from executing a final order of removal against a person. DHS, immigration judges, the Board of Immigration Appeals, and the U.S. courts of appeals all have the authority to grant stays of removal. If a stay of removal is in effect, DHS may not remove the person from the United States. This practice advisory explains how to seek a court-ordered stay of removal with an IJ, the BIA, and the U.S. courts of appeals, and how to seek an ad

National Immigration Project Practice advisory Mar 13, 2026 Direct PDF available

Why it matters

Useful as a practitioner-oriented overview from National Immigration Project on Removal Defense; review the source material for the most current authority and procedure.

Topics

Removal defense BIA appeals

Workflows

Immigration court deadline Motions, stays, and pretermission BIA, PFR, and federal court

Forums

Immigration court BIA

Jurisdictions

National