Discretionary Stays in the United States
Discretionary Stays in relation to Immigration Courts
(information based on the DoJ Manual) An Immigration Judge is authorized to grant stays as a matter of discretion, but only for matters within the Immigration Judge’s jurisdiction. See (in this American law platform, in relation to immigration courts and judges) Jurisdiction and Authority, and Jurisdiction. Immigration Judges consider requests for discretionary stays only when a motion to reopen or a motion to reconsider is pending before the Immigration Court.
Motion required
A request for a discretionary stay should be made by written motion. The motion should be filed with a cover page labeled “MOTION TO STAY REMOVAL” and comply with the requirements for filing. See (in this American law platform, in relation to immigration courts and judges) Filing with the Immigration Court. If the execution of an order is imminent, the motion should be filed with a cover page labeled “EMERGENCY MOTION TO STAY REMOVAL” and comply with the requirements for filing. See (in this American law platform, in relation to immigration courts and judges) Filing with the Immigration Court.
Contents
A motion for a discretionary stay should state the complete case history and all relevant facts. It should also include a copy of the order that the party wants stayed, if available. If the moving party does not have a copy of the order, that party should provide the date of the order and a detailed description of the Immigration Judge’s ruling and reasoning, as articulated by the Immigration Judge. If the facts are in dispute, the moving party should provide appropriate evidence. See (in this American law platform, in relation to immigration courts and judges) Evidence.
Pending motions
The mere filing of a motion for a discretionary stay of an order does not prevent the execution of the order. Therefore, the order may be executed unless and until the motion is granted.
Discretionary Stays in relation to Immigration Courts
(information based on the DoJ Manual) An Immigration Judge is authorized to grant stays as a matter of discretion, but only for matters within the Immigration Judge’s jurisdiction. See (in this American law platform, in relation to immigration courts and judges) Jurisdiction and Authority, and Jurisdiction. Immigration Judges consider requests for discretionary stays only when a motion to reopen or a motion to reconsider is pending before the Immigration Court.
Motion required
A request for a discretionary stay should be made by written motion. The motion should be filed with a cover page labeled “MOTION TO STAY REMOVAL” and comply with the requirements for filing. See (in this American law platform, in relation to immigration courts and judges) Filing with the Immigration Court. If the execution of an order is imminent, the motion should be filed with a cover page labeled “EMERGENCY MOTION TO STAY REMOVAL” and comply with the requirements for filing. See (in this American law platform, in relation to immigration courts and judges) Filing with the Immigration Court.
Contents
A motion for a discretionary stay should state the complete case history and all relevant facts. It should also include a copy of the order that the party wants stayed, if available. If the moving party does not have a copy of the order, that party should provide the date of the order and a detailed description of the Immigration Judge’s ruling and reasoning, as articulated by the Immigration Judge. If the facts are in dispute, the moving party should provide appropriate evidence. See (in this American law platform, in relation to immigration courts and judges) Evidence.
Pending motions
The mere filing of a motion for a discretionary stay of an order does not prevent the execution of the order. Therefore, the order may be executed unless and until the motion is granted.