[Code of Federal Regulations]

[Title 8, Volume 1]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 8CFR241.6]



[Page 464-465]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

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



[[Page 465]]



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.

    (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]