Practice Advisory
Issue area
Detention
Removal Defense
Enforcement
Audience
Attorney
Published:
Jan. 17, 2025
A stay of removal prevents the Department of Homeland Security from executing a final order of removal against a person. DHS, immigration judges, the Board of Immigration Appeals, and the U.S. courts of appeals all have the authority to grant stays of removal. If a stay of removal is in effect, DHS may not remove the person from the United States. This practice advisory explains how to seek a court-ordered stay of removal with an IJ, the BIA, and the U.S. courts of appeals, and how to seek an administrative stay of removal from DHS.