Seeking a Judicial Stay of Removal: Practice Advisory

Seeking a Judicial Stay of Removal: Practice Advisory

"[Here is a] link to our latest practice advisory, entitled:  “Seeking a Judicial Stay of Removal in the Court of Appeals: Standard, Implications of ICE’s Return Policy and the OSG’s Misrepresentation to the Supreme Court, and Sample Stay Motion.”  This advisory:  Provides background information regarding stay requests, including when an immigration agency order becomes final and how to file a stay motion; Discusses the legal standard for stay motions as set forth in Nken; Addresses the implications on stay motions of ICE’s return policy and of the Office of the Solicitor General’s (OSG) misrepresentations to the Supreme Court regarding the government’s ability to return successful litigants; Includes a sample stay motion containing legal arguments for litigants in stay litigation and a template declaration in support of a stay motion; and Includes an appendix detailing local rules and procedures of circuit courts.  This advisory was written by the National Immigration Project/NLG, Boston College Post Deportation Human Rights Project, Immigrant Rights Clinic at NYU School of Law and the American Immigration Council.  Link to this advisory:  http://nationalimmigrationproject.org/legalresources/practice_advisories/pa_Seeking_a_Judicial_Stay_of_Removal_May2012.pdf  Link to all NIPNLG Practice Advisories and Publications:  http://www.nationalimmigrationproject.org/publications.htm"

Trina Realmuto, Staff Attorney

National Immigration Project of the National Lawyers Guild

14 Beacon Street, Suite 602

Boston, MA 02108

617.227.9727 ext. 8