Can a Deportation Order Be Delayed in California?

If the Department of Homeland Security (DHS) advises the U.S. Immigration and Naturalization Service and Immigration and Customs Enforcement (ICE) if its intent to deport you, a big problem has arisen. It’s not necessarily insurmountable though. You’re going to need to take swift and immediate defensive deportation action and protect your existing right to stay here in the United States. Our California lawyers here at Maison Law Immigration Lawyers in Bakersfield are in a position to help you.

Automatic Stay of Removal

A common legal device used by our offices is known as a stay of removal. It’s essentially an appeal that operates to prevent the government from enforcing deportation until further notice. Such a petition must be filed within 30 days of the date that you received notice of removal a removal order. Upon receipt of the petition to stay removal, it should remain in effect until such time as the Bureau of Immigration rules on the appeal. As the Bureau of Immigration can take well over a year to decide a petition for stay of removal, that move alone is going to buy you another year. A viable basis for a stay of removal by an attorney in California, should be considered as an option if it’s at all possible. That’s just “Plan A.”

Discretionary Stay of Removal

If an appeal isn’t granted, a stay of removal can be brought directly in front to the deportation officer who is assigned to your case. That’s “Plan B” He or she has certain latitude, and the stay of removal can grant you an additional year in the United States based on his or her own discretion. You can use this discretionary authority indefinitely, but we expect that conditions would be placed on it. It’s likely that supervision would be one of those conditions whereupon you’ll be required to report periodically to an immigration office.  Any failure to report accordingly might result in cancellation of the stay of removal. We’d strongly recommend applying for a visa as soon as possible.

The government is going to be represented by its own attorney who has been in this position hundreds of times. You have the right to an attorney representing you too. Defensive deportation calls for plans. You might need a ”Plan A, B and C. “ By consulting with Maison Immigration Lawyers, you’ll be advised of all of the plans that fit your situation. One might even be tailor made for you. If you’re facing deportation, your time is limited. You must act responsibly. Contact a defensive deportation lawyer at Maison Law Immigration Lawyers right away. Remember, you only have 30 days to file for your stay of renewal.