When an alien is detained, has an action pending before the Board of Immigration Appeals (BIA), and is in "danger" of being immediately deported or removed, the alien, or the alien's attorney or representative, may request a stay of deportation/removal from the BIA.

Once the BIA has received a stay request, the BIA is faced with an emergency situation in which the stay request must be given immediate attention and priority over other work.

Conditions that Must Be Met for the BIA to Consider a Request for a Stay of Deportation/Removal

1. Is the alien in the physical custody of U.S. Citizenship and Immigration Services (USCIS)?
If an alien is detained by the USCIS and deportation/removal is imminent, the BIA will consider the stay request promptly. A stay will only be considered once the alien has actually reported and is in the physical custody of the USCIS. It is the responsibility of the attorney to call and inform the BIA when the alien is in the custody of the USCIS.

2. Is there an action pending before the BIA - does the BIA have jurisdiction?
A motion to reopen or reconsider a prior Board decision, or an appeal from an Immigration Judge's denial of a motion must have been filed with the BIA (Clerk's Office Appeals Unit). Generally, there is an automatic stay when a direct appeal is filed from an Immigration Judge's order. However, there is no automatic stay when (a) the alien clearly waived appeal at the hearing, then files an appeal, or (b) when a direct appeal is taken from an Immigration Judge's order that was entered in absentia.

Procedures in Stay Requests

An appeal or a motion must be properly filed with the Clerk's Office at the BIA. The BIA will accept filings in person only at the window of the Office of the Clerk, on the 13th Floor of Building 3 at EOIR's Skyline Office Complex in Falls Church, VA. This applies to the USCIS as well as the public.

A stay request can be submitted to the BIA in writing or can be requested telephonically through a BIA secretary.

FAX stay requests will be accepted ONLY:

1. If necessary, i.e. because the alien's scheduled deportation does not allow enough time for the stay request to be delivered by other means.
2. If there is an underlying motion pending at the BIA.
3. If the BIA asks that the stay request be sent by FAX.