Emergency Stay of Removal

Get in Touch with a New Jersey Immigration Attorney!

Since there is no statute of limitations for immigrants who have committed a crime, their only recourse against being arrested and deportation is requesting an emergency stay of removal from either the Board of Immigration Appeals, or a Federal Court.

Such an emergency request is given priority attention by the courts. If you are in danger of deportation, you need an aggressive New Jersey immigration attorney who can fight to obtain a stay of removal.

Why Choose the Law Offices of Simone Bertollini?

The Law Offices of Simone Bertollini focuses exclusively on immigration matters, including deportation.

  • I take immediate action on behalf of those who need assistance with appeals, asylum, and visa issues.
  • My knowledgeable advocacy has earned me inclusion into the 2015 and 2016 list of New Jersey Rising Stars list. No more than 2.5% of statewide attorneys may receive such an honor.
  • As a member of the New Jersey and New York State Bar, I can provide needed legal assistance for those looking to visit or remain in the U.S.

How Can I Obtain an Emergency Stay of Removal?

A stay of removal stops the deportation of an individual and keeps the government from executing an order of removal or deportation. Stays are only considered once you are in government custody.

New Jersey Deportation Attorney

  • A stay of removal must be filed along with a motion to reopen proceedings.
  • A stay motion is filed with the court of appeals with jurisdiction over the petition for review of the removal order. Your immigration attorney may file the motion concurrently with a petition for review or after a petition for review has been filed.

In general, stay motions should be detailed and well documented and should brief all the relevant factors.

In deciding whether to grant a stay of removal, a Federal Court considers the following factors:

  1. whether the stay applicant has made a strong showing that he/she is likely to succeed on the merits;
  2. whether the applicant will be irreparably injured absent a stay;
  3. whether issuance of the stay will substantially injure the other parties interested in the proceeding; and
  4. where the public interest lies.

Get Representation for Your Emergency Stay

The stakes involved in a removal hearing are high when you risk separation from your family and community, so speak with my firm right away. While you are entitled to represent yourself before the government, your chances of a successful outcome increase after speaking with a qualified New Jersey immigration lawyer.

Speak with the Law Offices of Simone Bertollini for legal counsel: (973) 814-4408.

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