(a) Any request of an alien under a final order of deportation or removal for a stay of deportation or removal shall be filed on Form I-246, Stay of Removal, with the district director having jurisdiction over the place where the alien is at the time of filing. The Commissioner, Deputy Commissioner, Executive Associate Commissioner for Field Operations, Deputy Executive Associate Commissioner for Detention and Removal, the Director of the Office of Juvenile Affairs, regional directors, or district director, in his or her discretion and in consideration of factors listed in 8 CFR 212.5 and section 241(c) of the Act, may grant a stay of removal or deportation for such time and under such conditions as he or she may deem appropriate. Neither the request nor failure to receive notice of disposition of the request shall delay removal or relieve the alien from strict compliance with any outstanding notice to surrender for deportation or removal.
(b) Denial by the Commissioner, Deputy Commissioner, Executive Associate Commissioner for Field Operations, Deputy Executive Associate Commissioner for Detention and Removal, Director of the Office of Juvenile Affairs, regional director, or district director of a request for a stay is not appealable, but such denial 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 3.
(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]
Notes of Decisions
Cited in
57
cases (
16 in the last 5 years), 2003–2026 · leading case:
Nken v. Holder, 556 U.S. 418 (2009).
Nken v. Holder, 556 U.S. 418 (2009).
“See 8 CFR §§241.6 (a)-(b), 1241.6(a)-(b). If, however, the alien wants a court to restrain the Executive from executing a final and enforceable removal order, the alien must seek an injunction to do so.”
Johnson v. Guzman Chavez, 594 U.S. 523 (2021).
“See §1231(c)(2)(C); 8 CFR §241.6 (a). The first two ex- amples are unlike the restriction-on-removal provision in that their language simply suggests, not invalidation of the removal order’s identified country of removal, but an exten- sion of the removal period beyond 90 days.”
United States v. Xochitl Cisneros-Rodriguez, 813 F.3d 748 (9th Cir. 2015).
· cites it 2× “The possibility of applying for a stay of deportation is provided not only in ICE policy, but in regulation: “The filing of a petition for U-1 nonimmigrant status has no effect on ICE’s authority to execute a final order, although the alien may file a request for a stay of…”
Jimenez v. Nielsen, 334 F. Supp. 3d 370 (D.D.C. 2018).
· cites it 2× “All of the petitioners except Gao have requested administrative stays of removal from ICE under 8 C.F.R. § 241.6 . However, only Calderon has been granted a stay.”
Ragbir v. Homan, 923 F.3d 53 (2d Cir. 2019).
“8 C.F.R. § 241.6 implements that authority: "Any request of an alien under a final order of deportation or removal for a stay of deportation or removal shall be filed .”
People v. Morales, 235 Cal. Rptr. 3d 776 (Cal. Ct. App. 5th 2018).
“) A noncitizen may only gain relief from a final removal order if the noncitizen successfully applies for an administrative stay ( 8 C.F.R. § 241.6 ) or successfully petitions for a federal court order staying removal ( 8 U.”
Candra v. Cronen, 361 F. Supp. 3d 148 (D.D.C. 2019).
· cites it 3× “Finally, because ICE's discretion to grant stays of removal comes from a regulation, not a statute, see 8 C.F.R. § 241.6 , § 1252(a)(2)(B)(ii) also does not preclude judicial review of Count II, see Kucana , 558 U.”
State v. Nkiam, 778 S.E.2d 863 (N.C. Ct. App. 2015).
· cites it 2× “Stay of Removal on discretionary grounds ( 8 C.F.R. § 241.6 ). Although these avenues were extremely difficult to achieve, according to Mr.”
— 8 C.F.R. § 241.6(a) — 6 cases
United States v. Xochitl Cisneros-Rodriguez, 813 F.3d 748 (9th Cir. 2015).
“The possibility of applying for a stay of deportation is provided not only in ICE policy, but in regulation: “The filing of a petition for U-1 nonimmigrant status has no effect on ICE’s authority to execute a final order, although the alien may file a request for a stay of…”
— 8 C.F.R. § 241.6(c) — 1 case
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