[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR241.6]

[Page 462-463]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
      CHAPTER I--DEPARTMENT OF HOMELAND SECURITY (IMMIGRATION AND 
                             NATURALIZATION)
 
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 for 
Field Operations, Deputy Executive Associate Commissioner for Detention 
and Removal, the Director of the Office of Juvenile Affairs, regional 
directors, 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 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.

[[Page 463]]

    (b) Denial by the Commissioner, Deputy Commissioner, Executive 
Associate Commissioner for Field Operations, Deputy Executive Associate 
Commissioner for Detention and Removal, Director of the Office of 
Juvenile Affairs, 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 
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, as amended at 67 FR 39259, June 7, 2002]