Deportation and Removal Defense Overview and Strategies

      The Immigration Laws and Regulations, unfortunately, do not contain any statutes of limitations from deportation and removal. This is because these laws are considered civil, not criminal, so that an individual could be taken by surprise and detained and placed in court proceedings for an old or new conviction or arrest once airline travel within or without of the United States or a minor traffic offense triggers investigation into the case history of an alien by a law enforcement official or federal officer. Airport officials may go so far as to detain individuals in these situations. When an alien is detained, has an action pending before the administrative appeals body (the “Board of Immigration Appeals” or “BIA”), and is in "danger" of being immediately deported or removed, the alien, or the alien's attorney or representative may request an emergency stay of deportation/removal from the BIA. Once the courts have received the stay request, they are faced with an emergency situation in which the stay request must be given immediate attention and priority over other work.

Aliens in the Custody of the Department of Homeland Security or U.S. Citizenship  and Immigration Services

      If an alien is detained by the USCIS and deportation/removal is imminent, the BIA will consider the stay request promptly. A stay will only be considered once the alien has actually reported and is in the physical custody of the government. It is the responsibility of the attorney to call and inform the BIA when the alien is in the custody of the government.