C.F.R. » Title 8 » CHAPTER V—EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE › SUBCHAPTER B—IMMIGRATION REGULATIONS › PART 1241—APPREHENSION AND DETENTION OF ALIENS ORDERED REMOVED › Subpart A—Post-hearing Detention and Removal

8 C.F.R. § 1241.6

Administrative stay of removal

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(a) An alien under a final order of deportation or removal may seek a stay of deportation or removal from the Department of Homeland Security as provided in 8 CFR 241.6.

(b) A denial of a stay by the Department of Homeland Security shall not preclude an immigration judge or the Board from granting a stay in connection with a previously filed motion to reopen or a motion to reconsider as provided in 8 CFR part 1003.

(c) The Service shall take all reasonable steps to comply with a stay granted by an immigration judge or the Board. However, such a stay shall cease to have effect if granted (or communicated) after the alien has been placed aboard an aircraft or other conveyance for removal and the normal boarding has been completed.

[65 FR 80298, Dec. 21, 2000, as amended at 67 FR 39259, June 7, 2002; 70 FR 674, Jan. 5, 2005]
Notes of Decisions
Cited in 9 cases (3 in the last 5 years), 2009–2026 · leading case: United States v. Xochitl Cisneros-Rodriguez, 813 F.3d 748 (9th Cir. 2015).
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United States v. Xochitl Cisneros-Rodriguez, 813 F.3d 748 (9th Cir. 2015). · cites it 2× “6(a) and 8 CFR 1241.6(a).” UNITED STATES V. CISNEROS-RODRIGUEZ 39 8 C.”
Madrid v. Miller (D. Neb. 2025). · cites it 2× “6(a) and 8 C.F.R. 1241.6(a).3 (Filing No. 15-1 at 4-5).”
Herrera-Nunez (BIA 2026). · cites it 2× “8 C.F.R. § 1241.6 (b) (2026). As set forth above, under the regulations, an alien subject to a final removal order with a pending motion to reopen or reconsider may choose to request a discretionary stay of removal from DHS, the adjudicative body within the Executive Office for…”
N-N v. Mayorkas (E.D.N.Y 2021). “6 (a) and 8 C.F.R. § 1241.6 (a). Stage Two: Petition determined to be “bona fide,” but not yet adjudicated.”
Agyekum-Boateng v. Holder, 559 F. App'x 21 (2d Cir. 2014). “See 8 C.F.R. § 1241.6 ; cf. Felzcerek v. INS, 75 F.”
Xue Hua Zhang v. Holder, 310 F. App'x 470 (2d Cir. 2009). “See 8 C.F.R. § 1241.6 ; see also Felzcerek v.”
Xue Hua Zhang v. Holder, 310 F. App'x 470 (2d Cir. 2009). “See 8 C.F.R. § 1241.6 ; see also Felzcerek v.”
Xing Yong Dong v. Holder, 323 F. App'x 84 (2d Cir. 2009). “See 8 C.F.R. § 1241.6 ; see also Felzcerek v.”
Xing Yong Dong v. Holder, 323 F. App'x 84 (2d Cir. 2009). “See 8 C.F.R. § 1241.6 ; see also Felzcerek v.”
— 8 C.F.R. § 1241.6(a) — 2 cases
United States v. Xochitl Cisneros-Rodriguez, 813 F.3d 748 (9th Cir. 2015). “6(a) and 8 CFR 1241.6(a).” UNITED STATES V. CISNEROS-RODRIGUEZ 39 8 C.”
Madrid v. Miller (D. Neb. 2025). “6(a) and 8 C.F.R. 1241.6(a).3 (Filing No. 15-1 at 4-5).”
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