Facing a sudden removal order can be one of the most frightening experiences for an immigrant in the United States. The clock starts ticking, and in many cases, individuals may have only hours to act before they are deported from the country. For those in New York City facing imminent deportation, an Emergency Stay of Removal may be the last chance to remain in the U.S. while pursuing further legal relief. Understanding how to file for an emergency stay—and doing so correctly—can make the difference between staying with your family and community or being forced to leave the country.
As experienced New York immigration lawyers, the legal team at Pozo Goldstein, LLP is here to guide you through the emergency stay process with urgency, precision, and care.
What Is an Emergency Stay of Removal?
An Emergency Stay of Removal is a legal request to temporarily stop an individual’s deportation from the United States. It is typically filed when a person is scheduled for removal and requires immediate protection while pursuing a more permanent legal remedy—such as a motion to reopen their immigration case or an appeal.
In New York, where immigration enforcement is active and complex, filing a stay must be done with both urgency and legal precision. Delays or errors can result in deportation before the stay is reviewed.
Who Can File for an Emergency Stay of Removal?
An emergency stay can be filed by any non-citizen who is subject to a final order of removal and faces imminent deportation. These are often individuals who have exhausted their appeals or whose removal orders have been reinstated due to prior immigration violations.
Some common scenarios include:
- Immigrants who missed a court date and were ordered removed in absentia.
- Individuals who have lost their appeals and face imminent removal.
- Noncitizens detained by Immigration and Customs Enforcement (ICE) awaiting deportation.
Where to File an Emergency Stay of Removal in New York City
There are typically two main options for filing an emergency stay in New York:
- The Board of Immigration Appeals (BIA)
If the removal is based on an immigration judge’s decision and a motion to reopen the case is being filed, a stay can be filed with the BIA. - The Federal Circuit Court of Appeals (Second Circuit)
If a federal appeal has been filed, and removal is imminent, the Second Circuit may issue an emergency stay pending review.
Each venue has specific rules, timelines, and filing procedures, so working with a knowledgeable New York immigration lawyer is critical to determine the appropriate path.
What Documents Are Required?
The following documents are typically needed when filing an emergency stay of removal:
- A cover letter explaining the request and outlining the emergency.
- A motion to reopen or motion for reconsideration, if applicable.
- Supporting evidence, such as medical records, family hardship statements, new facts, or legal arguments.
- Proof of imminent removal (such as a scheduled deportation date).
- A stay motion or application tailored to the proper court’s requirements.
- Filing fee or request for fee waiver.
Given the time-sensitive nature, every document must be accurate, thorough, and compelling.
How Fast Can It Be Filed?
Time is of the essence. In many cases, an emergency stay must be filed the same day that a person is notified of removal. Courts and immigration authorities do not automatically delay deportation simply because a motion has been submitted. That’s why acting quickly—and getting legal help as soon as possible—is crucial.
At Pozo Goldstein, LLP, our team of seasoned immigration attorneys is available to act immediately when clients are in crisis. With offices in New York City, we have direct experience navigating the procedures of local immigration courts, ICE detention centers, and federal appellate courts.
Can a Stay Be Denied?
Yes. Emergency stays are discretionary and not automatically granted. Immigration judges and federal courts may deny the stay if they do not find sufficient cause or if the legal arguments presented are weak.
However, with the right legal team presenting a compelling argument supported by law and evidence, the chances of a successful stay increase significantly. At Pozo Goldstein, LLP, we use our deep understanding of immigration law—and our previous experience as immigration prosecutors—to craft strong, strategic petitions aimed at halting removal and protecting our clients.
Why Choose Pozo Goldstein, LLP?
At Pozo Goldstein, LLP, our team includes former immigration prosecutors and seasoned trial attorneys who understand the system from both sides. We have handled hundreds of emergency immigration cases, helping individuals and families in New York navigate crises with skill and compassion.
Our New York office is centrally located, and we are familiar with the procedures of all relevant courts and agencies, including ICE, the Department of Homeland Security, and the Second Circuit Court of Appeals. We fight for our clients’ rights and work tirelessly to protect their ability to stay in the U.S.
Contact a New York Immigration Lawyer Today
If you or a loved one is facing imminent deportation, do not wait. Filing an Emergency Stay of Removal in New York City requires speed, strategy, and legal expertise. The experienced team at Pozo Goldstein, LLP is ready to help you take action before it’s too late.
Call us today to speak with a trusted New York immigration lawyer and explore your legal options. Your future in the United States could depend on what you do next. Call Pozo Goldstein at (212) 201-9031.
