8 CFR 241.6 - Administrative stay of removal

Cite as8 CFR 241.6
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80 practice notes
  • Immigration: Detention of aliens ordered removed,
    • United States
    • Federal Register December 21, 2000
    • December 21, 2000
    ...and Removals Branch that fulfills the functions of an ombudsman. Courts Some commenters wanted the rule to permit federal court stays. See 8 CFR 241.6 (Administrative stay of removal). This rule concerns the delegation and exercise of powers by the Attorney General, not the courts. Thus, th......
  • Classification for Victims of Severe Forms of Trafficking in Persons; Eligibility for “T” Nonimmigrant Status
    • United States
    • Federal Register December 19, 2016
    • December 19, 2016
    ...exercising its discretion in providing parole, deferred action, or a stay of removal to individuals on a case-by-case basis. See, e.g., 8 CFR 241.6 (administrative stay of removal); 8 CFR 274a.12(c)(14) (employment authorization for deferred action grantees demonstrating economic necessity)......
  • Immigration: Criminal activity victims; ”U” nonimmigrant classification,
    • United States
    • Federal Register September 17, 2007
    • September 17, 2007
    ...decision to stop temporarily the deportation or removal of an alien who has been ordered deported or removed from the United States. See 8 CFR 241.6; 8 CFR 1241.6. Deferred action is an exercise of prosecutorial discretion that defers the removal of the alien based on the alien's case being......
  • Immigration; removal orders; countries to which aliens may be removed,
    • United States
    • Federal Register January 05, 2005
    • January 5, 2005
    ...a final order of deportation or removal may seek a stay of deportation or removal from the Department of Homeland Security as provided in 8 CFR 241.6. (b) A denial of a stay by the Department of Homeland Security shall not preclude an immigration judge or the Board from granting a stay in c......
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63 cases
  • N-N v. Mayorkas, 19-CV-5295(EK)
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • May 18, 2021
    ...review, the petitioner is still vulnerable to removal, but may be granted — as a matter of discretion — a stay of removal pursuant to 8 C.F.R. § 241.6(a) and 8 C.F.R. § 1241.6(a).Stage Two: Petition determined to be "bona fide," but not yet adjudicated. In 2008, Congress adopted 8 U.S.C. § ......
  • Texas v. United States, Civil Action No. 6:21-cv-00003
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Southern District of Texas
    • February 23, 2021
    ...subject to a final order of removal, DHS has statutory discretion to grant the respective administrative remedy. See 8 U.S.C. § 1229a; 8 C.F.R. § 241.6. Further, as the Government states, "Each removal effort," after a final order of removal requires consideration of a "highly individualize......
  • Nken v. Holder, No. 08–681.
    • United States
    • United States Supreme Court
    • April 22, 2009
    ...court of appeals, see § 1252(a)(1). While either challenge is pending, the alien may ask the Executive Branch to stay its own hand. See 8 CFR §§ 241.6(a)-(b), 1241.6(a)-(b). If, however, the alien wants a court to restrain the Executive from executing a final and enforceable removal order, ......
  • Nken v. Holder, No. 08–681.
    • United States
    • United States Supreme Court
    • April 22, 2009
    ...court of appeals, see § 1252(a)(1). While either challenge is pending, the alien may ask the Executive Branch to stay its own hand. See 8 CFR §§ 241.6(a) -(b), 1241.6(a) -(b). If, however, the alien wants a court to restrain the Executive from executing a final and enforceable removal order......
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