{"id":352767,"date":"2022-08-19T07:42:47","date_gmt":"2022-08-19T12:42:47","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/immigration\/deportation-removal\/delaying-deportation-removal-stay-proceedings.html"},"modified":"2025-09-12T14:03:12","modified_gmt":"2025-09-12T19:03:12","slug":"delaying-deportation-removal-stay-proceedings","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/immigration\/deportation-removal\/delaying-deportation-removal-stay-proceedings.html","title":{"rendered":"Can a Stay of Removal Stop a Deportation?"},"content":{"rendered":"\n
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Can a Stay of Removal Stop a Deportation?<\/h1>\n\n
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\n By Balrina Ahluwalia, Esq.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

A stay of removal<\/span> is a temporary legal order that stops the Department of Homeland Security<\/span> from deporting a noncitizen<\/span> from the United States. This relief gives individuals more time to fix their immigration status<\/span>, seek legal assistance, or appeal their deportation case. It can legally stop a deportation, but the protection is temporary and depends on the type of stay granted and other underlying circumstances.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

If you or a loved one is facing deportation, it\u2019s natural to wonder whether you can, or should, request a stay of removal<\/span>. After all, even temporary relief from deportation could give you some breathing room.<\/p>\n

A stay of <\/span>removal<\/span><\/a> can be an effective way to buy some valuable time to figure out your next steps. It\u2019s best to understand the related processes before submitting a request. For example, you must deliver your application for an administrative stay in person<\/span> to an Immigration and Customs Enforcement<\/span> (ICE) field office<\/span>. This is just one type of stay, but it\u2019s the most common.<\/p>\n

In this article, we\u2019ll explore these and other stays of removal<\/span>. We\u2019ll review timelines, eligibility<\/span>, and considerations that can have a significant effect on your case.<\/p>\n

It\u2019s highly recommended that you discuss your situation confidentially with a qualified immigration attorney<\/span><\/a>. Your conversations with them are protected, and they can help you understand your legal options as well as the benefits and risks associated with each. This helps you make informed decisions about the best way to proceed.<\/p>\n

There\u2019s a lot you need to know. Let\u2019s start with the basics.<\/p>\n

What Is a Stay of Removal<\/span>?<\/h2>\n

A stay of removal<\/span> is a temporary order that stops the Department of Homeland Security<\/span> (DHS<\/span>)<\/a> from deporting a noncitizen<\/span> from the United States. It gives the person more time to fix their immigration status<\/span>, ask for help, or appeal their case.<\/p>\n

The various types of stays are explained below.<\/p>\n

Automatic Stays<\/span><\/h3>\n

An automatic <\/span>stay<\/span> of removal<\/span> temporarily stops deportation without a special request process. Automatic stays<\/span> are granted in limited legal situations during removal proceedings<\/span><\/a>. These include:<\/p>\n