How to Prevent Deportation While Your Case Is Pending

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In the face of deportation, understanding your legal options is crucial to navigating removal proceedings effectively. This guide outlines essential strategies to delay or prevent deportation while your case is pending, including requesting a Stay of Removal and seeking legal relief. For personalized assistance, consider consulting an experienced attorney near you to explore your options.

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Facing deportation while your case is pending can be daunting, but there are legal options to delay or prevent removal. This guide discusses requesting a Stay of Removal, applying for asylum or cancellation of removal, and complying with immigration court orders. For personalized assistance, find an experienced attorney near you to navigate your options effectively.

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A flat vector illustration of an immigration courtroom scene. A judge sits behind a bench while a lawyer presents documents to defend an individual facing deportation. The individual looks hopeful as they seek relief from removal. The USCIS seal is visible in the background. The image has a minimalistic style with muted tones of purple, yellow, and gray.

Deportation and Removal: Your Rights and Legal Defenses

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Temporary Protected Status (TPS): What It Is and How to Apply

How to Prevent Deportation While Your Case Is Pending

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Deportation and Removal: Your Rights and Legal Defenses

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Feb 25, 2025 09:48 PM

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How to Prevent Deportation While Your Case Is Pending

Facing deportation is a stressful and life-altering experience. However, many people in removal proceedings have legal options to delay or prevent deportation while their case is pending. Whether you are applying for asylum, appealing a deportation order, or waiting for an immigration court decision, there are steps you can take to legally remain in the U.S.

This guide will cover:

Ways to delay or stop deportation while your case is under review

How to request a Stay of Removal

Legal relief options that may help you avoid deportation

Steps to take while waiting for a decision in immigration court

Understanding these options can help you stay legally in the U.S. while you fight your case.

💡 For every post in this series, scroll down to “Related Posts.”

1. Request a Stay of Removal (Temporary Protection from Deportation)

A Stay of Removal is an order that temporarily prevents deportation while your case is pending. There are three main types of stays you can request:

a. Automatic Stay of Removal

If you file a timely appeal with the Board of Immigration Appeals (BIA) after an immigration judge orders your removal, your deportation is automatically paused until the BIA makes a decision.

If you miss the appeal deadline (30 days after the judge’s order), this automatic protection does not apply.

b. Stay of Removal Filed with Immigration and Customs Enforcement (ICE) (Form I-246)

If your appeal is denied, you can request a discretionary stay from ICE using Form I-246, Application for Stay of Removal.

ICE may grant a stay based on factors such as humanitarian concerns, pending immigration benefits, or new legal arguments.

c. Judicial Stay from a U.S. Court of Appeals

If you appeal your case to a U.S. Circuit Court of Appeals, you can file a motion for a judicial stay of removal to prevent deportation while the case is being reviewed.

A Stay of Removal does not grant legal status, but it can allow you to remain in the U.S. legally while your case is pending.

2. Apply for Relief from Removal (Legal Defenses Against Deportation)

If you are in deportation proceedings, you may qualify for legal relief from removal, which could allow you to stay in the U.S. permanently.

a. Asylum, Withholding of Removal, or Protection Under the Convention Against Torture (CAT)

If you fear persecution in your home country due to race, religion, nationality, political opinion, or membership in a particular social group, you can apply for asylum.

If asylum is denied, you may still qualify for withholding of removal or protection under the CAT, which prevents deportation but does not provide a green card.

To learn more, see Seeking Asylum in the U.S.: A Step-by-Step Guide.

b. Cancellation of Removal

You may be eligible for cancellation of removal, which allows certain non-citizens to apply for a green card while in removal proceedings.

Cancellation of Removal for Green Card Holders:

Must have had a green card for at least 5 years.

Must have lived in the U.S. continuously for 7 years.

Must not have certain criminal convictions.

Cancellation of Removal for Non-Green Card Holders:

Must have lived in the U.S. for at least 10 years.

Must show good moral character.

Must prove that deportation would cause exceptional and extremely unusual hardship to a U.S. citizen or lawful permanent resident spouse, parent, or child.

c. Adjustment of Status (Applying for a Green Card While in Removal Proceedings)

If you are married to a U.S. citizen or have an approved family-based visa petition, you may be able to apply for adjustment of status (green card) instead of being deported.

d. Temporary Protected Status (TPS) or Deferred Action

If your home country has been designated for Temporary Protected Status (TPS) due to war, natural disaster, or extreme conditions, you may qualify for protection from deportation and work authorization.

Certain immigrants may also qualify for Deferred Action for Childhood Arrivals (DACA) or humanitarian relief.

For more information on TPS, see Temporary Protected Status (TPS): What It Is and How to Apply.

3. File a Motion to Reopen or Reconsider Your Case

If your deportation order was issued in error or new evidence has emerged, you can request that your case be reopened or reconsidered:

Motion to Reopen – If you have new evidence that was not available during your original hearing.

Motion to Reconsider – If the immigration judge made a legal or factual error in your case.

Motions to reopen must generally be filed within 90 days of the deportation order, but exceptions apply in cases of fraud, ineffective legal representation, or changed circumstances.

4. Comply with Immigration Court Orders and Deadlines

Attend all scheduled hearings – Missing a court date can result in an automatic deportation order.

Keep your address updated with USCIS and immigration court – If you move, notify the court immediately to avoid missing important notices.

Respond to Requests for Evidence (RFEs) on time – If USCIS requests additional documents, missing the deadline can lead to a denial.

5. Consider Prosecutorial Discretion (Request ICE to Close Your Case)

In certain cases, Immigration and Customs Enforcement (ICE) may agree to pause or close your removal proceedings if you are not a priority for deportation. This is called prosecutorial discretion and can be granted in cases where:

You have strong family ties in the U.S.

You have no criminal history or only minor infractions.

You are a caregiver or have serious medical conditions.

You are actively pursuing legal status (e.g., marriage-based green card application).

If granted, ICE may:

Close your case (administrative closure) without deporting you.

Issue an order of supervision, allowing you to stay in the U.S. while checking in with ICE periodically.

6. Apply for a Work Permit While Your Case Is Pending

Many immigrants in removal proceedings wonder if they can work legally while waiting for a decision.

You may qualify for a work permit (Employment Authorization Document – EAD) if you:

Have a pending asylum application (filed at least 150 days ago).

Have Deferred Action or TPS.

Are applying for adjustment of status or cancellation of removal.

A work permit does not provide lawful status, but it allows you to work legally while your case is pending.

Conclusion

If you are facing deportation, there are multiple legal options to delay or prevent removal while your case is pending. Key steps include:

Requesting a Stay of Removal through the BIA, ICE, or federal court.

Applying for relief from removal such as asylum, cancellation of removal, or adjustment of status.

Filing a Motion to Reopen or Reconsider if new evidence arises.

Following all immigration court deadlines to avoid automatic removal.

Requesting prosecutorial discretion if you qualify.

Applying for a work permit to remain financially stable while awaiting a decision.

Legal representation is critical in removal cases. If you need help defending yourself against deportation, ReferU.AI can connect you with experienced immigration attorneys who specialize in removal defense.

Act quickly—your ability to stay in the U.S. may depend on filing the right legal actions at the right time.

How to Prevent Deportation While Your Case Is Pending

How to Prevent Deportation While Your Case Is Pending