Not to remove deny requests for stay of removal
ASISTA and Sanctuary for Families provide an update on a lawsuit challenging ICE’s authority to eliminate the prima facie determination process for U visa petitioners.
On March 18, 2021, ICE agreed not to remove not to deny stay requests for stay of removal, and not to oppose continuances for U visa petitioners for 90 days.
If an alien is denied immigration relief from cancellation of removal,
They can start an immigration appeal process with the Board of Immigration Appeals (BIA).
ICE could violate the order by removing, opposing a continuance for, or denying a stay request for,
A U visa petitioner who does not fall within any of the exceptions.
A decision in a stay of deportation or removal application is within the sole discretion of the Secretary Homeland Security or his or her designee, including the Field Office Director.
Discretionary stay of removal is a stay of deportation that an alien does not automatically receive.