After a person is ordered removed from the United States by an Immigration Judge, in limited circumstances, it is possible for the removal to be postponed by filing a Stay of Removal. An application for a Stay of Removal may be granted in the discretion of Immigration and Customs Enforcement (ICE) for a period of 3 months, 6 months or a year, and may be renewed after the allotted period. A stay can be granted for a variety of circumstances, such as sympathetic family and health concerns. An applicant for a Stay of Removal must demonstrate to ICE why they cannot return to their home country. Fayad Law, PC has obtained Stays for several individuals facing removal, such as Ms. BC.
Being the oldest of five children in a single parent home, Ms. BC felt obligated to drop out of school and began working at the age of 16 to assist her mother with the costs of their home. In 1999, at the age of 19, she decided to leave her native Honduras and travel to the United States in order to better support her family. Upon entering the United States, she was detained at the border and placed into removal proceedings. Due to her young age and lack of financial resources, she did not appear at her schedule immigration hearing and was ordered removed in abstentia.
Ms. BC quickly integrated into American society and had three children with her partner. After her partner was ordered removed in 2010, Ms. BC was left to raise her three young children on her own. Around that time she was also diagnosed with a thyroid disorder. Feeling desperate, exhausted, and depressed, she decided to return to Honduras in 2012 to reunite with her partner.
Once in Honduras, Ms. BC suffered numerous instances of physical and verbal abuse at the hands of her partner, who had developed a drinking problem and struggled with suicidal thoughts. Fearing for her life and conscious of the negative example her partner was setting for her children, she fled Honduras and returned to the United States in 2013.
When she attempted to reenter the United States, Ms. BC was again detained at the border and released on an Order of Supervision. Her six year old daughter began to develop severe psychological and emotional issues, such as anxiety and adjustment disorder, due to her fear of her mother being deported.
By focusing on positive factors, such as the many years Ms. BC lived in the United States with a clean criminal record, her three young U.S. citizen children, her daughter’s emotional and psychological issues, and the dangers of returning to her abusive partner in Honduras, Fayad Law was able to obtain a Stay of Removal for Ms. BC. Her removal has been postponed for a year and she may remain safely in the United States. Once her Stay period has expired, she may reapply for a Stay of Removal and demonstrate to ICE why she cannot return to Honduras.
Esteban Diaz is an Associate Attorney at Fayad Law’s immigration offices in Raleigh, NC.
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