Fact Sheet: BIA Emergency Stay Requests

The Board of Immigration Appeals (BIA or Board) issued a fact sheet entitled “BIA Emergency Stay Requests” (Mar. 2018). The BIA defines an emergency stay as a stay based on an action that is clearly about to happen. The Board generally will consider a stay request an emergency in one of two situations: (1) the respondent’s removal from the U.S. is imminent, the Department of Homeland Security (DHS) has confirmed a specific removal date and time, the respondent is in the physical custody of DHS, and the respondent requests an emergency stay in writing; or (2) the respondent’s release from custody is imminent, and DHS requests an emergency stay of release from detention in writing.