ASISTA and Sanctuary for Families have provided an update on a significant lawsuit. The lawsuit challenges ICE’s authority to eliminate the prima facie determination process for U visa petitioners.
On March 18, 2021, ICE made a temporary agreement. They agreed not to remove or deny stay requests for U visa petitioners for 90 days. They also agreed not to oppose continuances for these individuals.
An alien who is denied cancellation of removal can appeal. They can begin the immigration appeal process with the Board of Immigration Appeals (BIA). ICE could violate the new order. A violation would occur if they remove, oppose a continuance for, or deny a stay request to a U visa petitioner who falls outside the exceptions.
A decision on a stay of deportation or removal is discretionary. The Secretary of Homeland Security or their designee, such as a Field Office Director, has sole discretion in these matters. A discretionary stay of removal is not automatically granted to an alien.