motion to stay removal/deportation
If you or someone you know is facing removal or deportation from the United States, a motion to stay removal/deportation may be an option to delay or halt the process. This motion requests that the government temporarily halt the removal or deportation proceedings, allowing time to pursue other legal options.
Requirements of the motion to stay removal/deportation:
Before drafting the motion to stay removal/deportation, it is important to know the requirements. The motion to stay removal must be filed with the Executive Office for Immigration Review (EOIR) and include the following information:
1. A statement explaining why the removal/deportation should be stayed
2. Evidence supporting the request for a stay
3. A statement explaining why the individual should be allowed to remain in the U.S. while the stay is in effect
4. A statement explaining why the stay is not contrary to the national security or public safety of the U.S.
Drafting the motion to stay removal/deportation:
1. Introduction: This includes the full name and Alien Registration Number (A-Number) of the individual requesting the stay. The introduction should also state the reason for the motion to stay removal/deportation, such as pending asylum application or available relief options.
2. Statement of facts: This outlines the history of the individual’s immigration proceedings, including any past applications and decisions. This also includes the date and circumstances of the current removal/deportation proceedings.
3. Reasons why the removal/deportation should stay: This can include any new evidence or changed circumstances that warrant a delay or halt in the proceedings.
4. Explain in the motion to stay removal/deportation why the individual should be allowed to remain in the U.S. while the stay is in effect: This can include factors such as family ties, community involvement, or medical conditions that require ongoing treatment.
5. Address why the stay is not contrary to national security or public safety: This can include any evidence that the individual poses no threat to the U.S. and is not a flight risk.
Filing the motion to stay removal/deportation:
1. Once the motion to stay removal/deportation is drafted, it must be filed with the EOIR. The motion should be accompanied by a cover letter that includes the individual’s name, A-Number, and contact information. The cover letter should also explain the reason for the motion and provide any relevant case numbers.
2. The motion to stay removal/deportation and cover letter should be mailed to the EOIR at the address listed on their website. It is important to keep a copy of the motion and cover letter for your records, as well as proof of mailing.
Drafting and filing a motion to stay removal/deportation can be a complex and time-consuming process. It is important to carefully follow the requirements and guidelines and to provide as much evidence as possible to support the request for a stay.
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