What is a stay of removal?

A stay of removal is an order issued by an immigration judge that prevents the government from deporting an individual. In California, a stay of removal is often granted in the case of an immigrant who is facing deportation and has a valid claim for relief from removal. A stay of removal gives the individual time to pursue legal remedies and gives them the chance to remain in the U.S. until their case is resolved. A stay of removal may be applied to a range of immigrants, including those facing deportation for criminal conviction, who may be eligible for a waiver, or to those who are seeking asylum or other humanitarian relief from removal. A stay of removal also applies to those who are eligible for various types of immigration relief such as deferral of removal or cancellation of removal. When a stay of removal is granted, immigrants are typically given an opportunity to remain in the U.S. for a period of time until their case has been decided, or until a family member or friend can sponsor their efforts to legally remain in the U.S. A stay of removal does not guarantee permanent legal status, but does ensure that the individual has the opportunity to remain in the country during the duration of their case.

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