Stay of Removal

A stay of removal is another discretionary form of relief that temporarily stays a non-citizen’s removal order. It is commonly employed along with a Motion to Reopen and a Motion to Reconsider. For example, if an Immigration Judge enters an order of removal against a non-citizen, the non-citizen may submit a Motion to Reopen. The mere submission of a motion, however, does not stay the removal order. Therefore, the Immigration and Nationality Act allows a non-citizen to request to stay in the United States while the Motion to Reopen is pending.