[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR3.6]

[Page 23-24]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
CHAPTER I--IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE
 
PART 3--EXECUTIVE OFFICE FOR IMMIGRATION REVIEW--Table of Contents
 
                 Subpart A--Board of Immigration Appeals
 
Sec. 3.6  Stay of execution of decision.

    (a) Except as provided under Sec. 236.1 of this chapter, 
Sec. 3.19(i), and paragraph (b) of this section, the decision in any 
proceeding under this chapter from which an appeal to the Board may be 
taken shall not be executed during the time allowed for the filing of an 
appeal unless a waiver of the right to appeal is filed, nor shall such 
decision be executed while an appeal is pending or while a case is 
before the Board by way of certification.
    (b) The provisions of paragraph (a) of this section shall not apply 
to an order of an Immigration Judge under Sec. 3.23 or Sec. 242.22 of 
this chapter denying a motion to reopen or reconsider or to stay 
deportation, except where such order expressly grants a stay or where 
the motion was filed pursuant to the provisions of Sec. 3.23(b)(4)(iii). 
The Board may, in its discretion, stay deportation while an appeal is 
pending from any such order if no stay has been granted

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by the Immigration Judge or a Service officer.

[61 FR 18907, Apr. 29, 1996; 61 FR 21065, May 9, 1996, as amended at 63 
FR 27448, May 19, 1998]