The automatic stay is a powerful tool in immigration detention cases. It is a regulation that allows the Department of Homeland Security (DHS) to ignore an immigration court’s order of release on bond by filing a notice. This stay can be either automatic or discretionary, depending on the circumstances. Understanding the rules surrounding automatic stay migration can help immigrants and their families understand their rights and how to best protect them.
What Is an Automatic Stay?
An automatic stay is an injunction that automatically stops lawsuits, foreclosures, garnishments, and all collection activity against the debtor the moment it is filed. In immigration detention cases, this means that DHS can file a notice to stop an immigration court’s order of release on bond until the Board of Immigration Appeals (BIA) makes a final decision on the custody appeal. The BIA will track the progress of each custody appeal while they are under review.
When Does an Automatic Stay Take Effect?
An automatic stay takes effect when a respondent appeals an immigration judge’s decision or files a motion to reopen EOIR-issued removal orders. According to 8 CFR § 1003.6, an automatic stay of removal is granted when a timely appeal to the BIA is filed against an immigration judge’s decision. This means that DHS cannot execute their order until after the BIA has made its final decision on the custody appeal.
What Are Some Exceptions to Automatic Stays?
There are some exceptions to automatic stays in certain situations where DHS may be able to execute their order despite there being an appeal pending with BIA. For example, if DHS believes there is reason for imminent danger or flight risk then they may be able to override an existing stay and execute their order without waiting for BIA’s final decision. Additionally, if DHS believes that there are other factors at play such as fraud or misrepresentation then they may also be able to override any existing stays and proceed with executing their order without waiting for BIA’s final decision.
How Can I Protect Myself Against An Automatic Stay?
If you are facing deportation proceedings then it is important that you understand your rights and how best to protect yourself from potential deportation orders issued by DHS through invoking your right to file for an automatic stay with BIA. You should consult with experienced legal counsel who can advise you on your options and help you navigate through complex legal proceedings related to your case in order to ensure that your rights are protected throughout every step of the process. Additionally, you should keep up-to-date records of all documents related to your case so that you have evidence should any issues arise during proceedings or appeals with DHS or BIA regarding your case status or eligibility for relief from deportation orders issued by DHS through invocation of your right for an automatic stay with BIA .
Understanding rules surrounding automatic stays in immigration detention cases can help immigrants and their families understand their rights and how best to protect them from potential deportation orders issued by DHS through invocation of their right for an automatic stay with BIA. It is important that those facing deportation proceedings consult experienced Prattville bankruptcy lawyers who can advise them on their options and help them navigate through complex legal proceedings related to their case in order to ensure that all rights are protected throughout every step of the process.