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
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?
Law Offices of Simone Bertollini focuses exclusively on immigration matters, including
- 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.
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.
- 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:
- whether the stay applicant has made a strong showing that he/she is likely
to succeed on the merits;
- whether the applicant will be irreparably injured absent a stay;
- whether issuance of the stay will substantially injure the other parties
interested in the proceeding; and
- 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
Speak with the Law Offices of Simone Bertollini for legal counsel: