Individuals from all over the world come to the U.S. in pursuit of a better life for their families —the same aspirations that have motivated countless others. But sometimes they hit a snag during the immigration process, putting them at risk of losing a visa or of deportation.
If you are a Glendale, AZ resident facing a proceeding before the Board of Immigration Appeals, you need qualified legal representation to give you the best chance of a positive outcome. Our trusted immigration appeals attorneys at New Frontier Immigration Law can stand with you.
The Board of Immigration Appeals (BIA) is the highest administrative body for interpreting and applying immigration laws. Located in Virginia, the BIA generally conducts its appeals through paper filings instead of in-person courtroom proceedings. However, the BIA does sometimes hear oral arguments for appealed cases, typically at their headquarters.
The BIA has been given jurisdiction to hear appeals from decisions rendered by Immigration Judges or district directors of the Department of Homeland Security (DHS) across the country. It also handles other types of immigration proceedings where the U.S. government is one party and the other party is an immigrant or business. When the BIA makes a decision, its rulings are binding on all DHS officers and Immigration Judges unless modified or overruled by the Attorney General or by a federal court proceeding.
Most of the appeals that reach the BIA pertain to orders of removal and applications for relief from removal. These relief applications are sometimes referred to as “stay” requests. When the BIA issues a “stay” decision, it temporarily halts the Department of Homeland Security (DHS) from carrying out an order of removal, deportation, or exclusion.
Stays of removal orders can be categorized as either automatic or discretionary. Automatic stays do not require a specific request; for instance, the removal order is automatically stayed while a respondent’s appeal of an immigration judge’s decision is pending. However, discretionary stays must be formally requested. For example, if a respondent petitions to reopen an immigration judge’s removal order, the respondent must also request the stay.
An “emergency stay” is a request for a stay based on an action that is about to occur. The Board of Immigration Appeals (BIA) typically considers a stay request an emergency in one of two scenarios: imminent removal and imminent release. In an imminent removal situation, the respondent is in DHS physical custody, DHS has confirmed a specific date and time for removal, and the respondent submits a written emergency stay request. In an imminent release situation, DHS is the party submitting a request to prevent the individual from being removed from custody.
The filing of an emergency stay request does not, by itself, stop a respondent from being removed or released, since the stay must be granted by the BIA to become effective. The stay must be granted by the BIA for that to happen. Additionally, either party may file a motion to reconsider the BIA’s stay order.
If granted, the stay will remain while an appeal or motion is pending before the BIA. Once a decision is reached, the stay is lifted and whatever the BIA orders can take place. For immigrants in Glendale, AZ who are dealing with the Board of Immigration Appeals, it is wise to have your attorney by your side regardless of the outcome, so they can advise you about the next steps once your case has reached this point.
Immigrants may get caught up in enforcement actions through no fault of their own. When this happens, they can face significant life disruptions, including detention or deportation.
If you live in Glendale and are in this situation, working with an attorney can help give you the best chance of success with the Board of Immigration Appeals. Reach out to us today to share your story and get help.
