[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR241.6]

[Page 497-498]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
CHAPTER I--IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE
 
PART 241--APPREHENSION AND DETENTION OF ALIENS ORDERED REMOVED--Table of Contents
 
              Subpart A--Post-hearing Detention and Removal
 
Sec. 241.6  Administrative stay of removal.

    (a) Any request of an alien under a final order of deportation or 
removal for a stay of deportation or removal shall be filed on Form I-
246, Stay of Removal, with the district director having jurisdiction 
over the place where the alien is at the time of filing. The 
Commissioner, Deputy Commissioner, Executive Associate Commissioner 
Field Operations, regional director, or district director, in his or her 
discretion and in consideration of factors listed in 8 CFR 212.5 and 
section 241(c) of the Act, may grant a stay of removal or deportation 
for such time and under such conditions as he or she may deem 
appropriate. Neither the request nor the failure to receive notice of 
disposition of the request shall delay removal or relieve the alien from 
strict compliance with any outstanding notice to surrender for 
deportation or removal.
    (b) Denial by the Commissioner, Deputy Commissioner, Executive 
Associate Commissioner Field Operations, regional director, or district 
director of a request for a stay is not appealable, but such denial 
shall not preclude an immigration judge or the Board from granting a 
stay in connection with a

[[Page 498]]

previously filed motion to reopen or a motion to reconsider as provided 
in 8 CFR part 3.
    (c) The Service shall take all reasonable steps to comply with a 
stay granted by an immigration judge or the Board. However, such a stay 
shall cease to have effect if granted (or communicated) after the alien 
has been placed aboard an aircraft or other conveyance for removal and 
the normal boarding has been completed.

[65 FR 80298, Dec. 21, 2000]