ICE Form I-246 Administrative Stay of Removal
How a person with a final removal order requests a discretionary administrative stay from ICE using Form I-246.
Form I-246 is ICE's current application for an administrative stay under 8 C.F.R. §241.6. A person under a final removal or deportation order may request discretionary temporary nonexecution. The stay request does not appeal or vacate the underlying order.
Overview
In An ICE Form I-246 stay request, identify the decisionmaker first. An ICE Form I-246 stay request should be presented within that official's authority. Form I-246 is ICE's current application for an administrative stay under 8 C.F.R. §241.6.
Counsel addressing ICE Form I-246 Administrative Stay of Removal should preserve every filing. ICE Form I-246 Administrative Stay of Removal also requires proof of service and agency response. The stay request does not appeal or vacate the underlying order.
Before briefing Form I-246 stay removal ICE, verify current agency procedure. Form I-246 stay removal ICE may involve changing forms, filing methods, or field-office practices. An I-246 filing is distinct from a judicial stay or an automatic EOIR stay.
Controlling Authority
A strong An ICE Form I-246 stay request record uses primary documents. An ICE Form I-246 stay request should pair each disputed fact with proof. A person under a final removal or deportation order may request discretionary temporary nonexecution.
Evidence in ICE Form I-246 Administrative Stay of Removal should be issue-specific. ICE Form I-246 Administrative Stay of Removal should avoid relying on broad equities when a threshold fact controls. Supporting evidence should explain the humanitarian, legal, family, medical, or enforcement-discretion basis for temporary relief.
Practical planning for Form I-246 stay removal ICE includes enforcement timing. Form I-246 stay removal ICE should account for detention, reporting duties, deadlines, and emergency removal risk. Form I-246 is ICE's current application for an administrative stay under 8 C.F.R. §241.6.
Triggering Facts
When handling An ICE Form I-246 stay request, separate legal mechanisms carefully. An ICE Form I-246 stay request should not merge custody, protection, reopening, and stay rules. The stay request does not appeal or vacate the underlying order.
The requested outcome in ICE Form I-246 Administrative Stay of Removal should be explicit. ICE Form I-246 Administrative Stay of Removal should state the precise protection, stay, review, or custody action sought. An I-246 filing is distinct from a judicial stay or an automatic EOIR stay.
In Form I-246 stay removal ICE, identify the decisionmaker first. Form I-246 stay removal ICE should be presented within that official's authority. A person under a final removal or deportation order may request discretionary temporary nonexecution.
Procedure
Counsel addressing An ICE Form I-246 stay request should preserve every filing. An ICE Form I-246 stay request also requires proof of service and agency response. Supporting evidence should explain the humanitarian, legal, family, medical, or enforcement-discretion basis for temporary relief.
Practical planning for ICE Form I-246 Administrative Stay of Removal includes enforcement timing. ICE Form I-246 Administrative Stay of Removal should account for detention, reporting duties, deadlines, and emergency removal risk. Form I-246 is ICE's current application for an administrative stay under 8 C.F.R. §241.6.
Counsel addressing Form I-246 stay removal ICE should preserve every filing. Form I-246 stay removal ICE also requires proof of service and agency response. The stay request does not appeal or vacate the underlying order.
Right to Respond
The chronology for An ICE Form I-246 stay request should be exact. An ICE Form I-246 stay request should list orders, departures, reentries, interviews, hearings, and enforcement events. An I-246 filing is distinct from a judicial stay or an automatic EOIR stay.
For ICE Form I-246 Administrative Stay of Removal, start with the operative document. ICE Form I-246 Administrative Stay of Removal then requires a dated procedural history. A person under a final removal or deportation order may request discretionary temporary nonexecution.
Before briefing Form I-246 stay removal ICE, verify current agency procedure. Form I-246 stay removal ICE may involve changing forms, filing methods, or field-office practices. Supporting evidence should explain the humanitarian, legal, family, medical, or enforcement-discretion basis for temporary relief.
Evidence File
Evidence in An ICE Form I-246 stay request should be issue-specific. An ICE Form I-246 stay request should avoid relying on broad equities when a threshold fact controls. Form I-246 is ICE's current application for an administrative stay under 8 C.F.R. §241.6.
A strong ICE Form I-246 Administrative Stay of Removal record uses primary documents. ICE Form I-246 Administrative Stay of Removal should pair each disputed fact with proof. The stay request does not appeal or vacate the underlying order.
Practical planning for Form I-246 stay removal ICE includes enforcement timing. Form I-246 stay removal ICE should account for detention, reporting duties, deadlines, and emergency removal risk. An I-246 filing is distinct from a judicial stay or an automatic EOIR stay.
Burden and Standard
Before briefing An ICE Form I-246 stay request, verify current agency procedure. An ICE Form I-246 stay request may involve changing forms, filing methods, or field-office practices. A person under a final removal or deportation order may request discretionary temporary nonexecution.
Counsel addressing ICE Form I-246 Administrative Stay of Removal should preserve every filing. ICE Form I-246 Administrative Stay of Removal also requires proof of service and agency response. Supporting evidence should explain the humanitarian, legal, family, medical, or enforcement-discretion basis for temporary relief.
In Form I-246 stay removal ICE, identify the decisionmaker first. Form I-246 stay removal ICE should be presented within that official's authority. Form I-246 is ICE's current application for an administrative stay under 8 C.F.R. §241.6.
Government Position
The requested outcome in An ICE Form I-246 stay request should be explicit. An ICE Form I-246 stay request should state the precise protection, stay, review, or custody action sought. The stay request does not appeal or vacate the underlying order.
Evidence in ICE Form I-246 Administrative Stay of Removal should be issue-specific. ICE Form I-246 Administrative Stay of Removal should avoid relying on broad equities when a threshold fact controls. An I-246 filing is distinct from a judicial stay or an automatic EOIR stay.
Counsel addressing Form I-246 stay removal ICE should preserve every filing. Form I-246 stay removal ICE also requires proof of service and agency response. A person under a final removal or deportation order may request discretionary temporary nonexecution.
Respondent Strategy
Appellate preservation for An ICE Form I-246 stay request begins early. An ICE Form I-246 stay request should contain the objection, supporting evidence, government response, and ruling. Supporting evidence should explain the humanitarian, legal, family, medical, or enforcement-discretion basis for temporary relief.
The requested outcome in ICE Form I-246 Administrative Stay of Removal should be explicit. ICE Form I-246 Administrative Stay of Removal should state the precise protection, stay, review, or custody action sought. Form I-246 is ICE's current application for an administrative stay under 8 C.F.R. §241.6.
Before briefing Form I-246 stay removal ICE, verify current agency procedure. Form I-246 stay removal ICE may involve changing forms, filing methods, or field-office practices. The stay request does not appeal or vacate the underlying order.
Interaction With Other Remedies
Practical planning for An ICE Form I-246 stay request includes enforcement timing. An ICE Form I-246 stay request should account for detention, reporting duties, deadlines, and emergency removal risk. An I-246 filing is distinct from a judicial stay or an automatic EOIR stay.
Practical planning for ICE Form I-246 Administrative Stay of Removal includes enforcement timing. ICE Form I-246 Administrative Stay of Removal should account for detention, reporting duties, deadlines, and emergency removal risk. A person under a final removal or deportation order may request discretionary temporary nonexecution.
Practical planning for Form I-246 stay removal ICE includes enforcement timing. Form I-246 stay removal ICE should account for detention, reporting duties, deadlines, and emergency removal risk. Supporting evidence should explain the humanitarian, legal, family, medical, or enforcement-discretion basis for temporary relief.
Custody or Stay Effect
Legal analysis of An ICE Form I-246 stay request should track the current text. An ICE Form I-246 stay request should distinguish statutory rules from regulations and agency guidance. Form I-246 is ICE's current application for an administrative stay under 8 C.F.R. §241.6.
For ICE Form I-246 Administrative Stay of Removal, start with the operative document. ICE Form I-246 Administrative Stay of Removal then requires a dated procedural history. The stay request does not appeal or vacate the underlying order.
In Form I-246 stay removal ICE, identify the decisionmaker first. Form I-246 stay removal ICE should be presented within that official's authority. An I-246 filing is distinct from a judicial stay or an automatic EOIR stay.
Hearing Preparation
For An ICE Form I-246 stay request, start with the operative document. An ICE Form I-246 stay request then requires a dated procedural history. A person under a final removal or deportation order may request discretionary temporary nonexecution.
A strong ICE Form I-246 Administrative Stay of Removal record uses primary documents. ICE Form I-246 Administrative Stay of Removal should pair each disputed fact with proof. Supporting evidence should explain the humanitarian, legal, family, medical, or enforcement-discretion basis for temporary relief.
Counsel addressing Form I-246 stay removal ICE should preserve every filing. Form I-246 stay removal ICE also requires proof of service and agency response. Form I-246 is ICE's current application for an administrative stay under 8 C.F.R. §241.6.
Record Preservation
In An ICE Form I-246 stay request, identify the decisionmaker first. An ICE Form I-246 stay request should be presented within that official's authority. The stay request does not appeal or vacate the underlying order.
Counsel addressing ICE Form I-246 Administrative Stay of Removal should preserve every filing. ICE Form I-246 Administrative Stay of Removal also requires proof of service and agency response. An I-246 filing is distinct from a judicial stay or an automatic EOIR stay.
Before briefing Form I-246 stay removal ICE, verify current agency procedure. Form I-246 stay removal ICE may involve changing forms, filing methods, or field-office practices. A person under a final removal or deportation order may request discretionary temporary nonexecution.
Common Problems
A strong An ICE Form I-246 stay request record uses primary documents. An ICE Form I-246 stay request should pair each disputed fact with proof. Supporting evidence should explain the humanitarian, legal, family, medical, or enforcement-discretion basis for temporary relief.
Evidence in ICE Form I-246 Administrative Stay of Removal should be issue-specific. ICE Form I-246 Administrative Stay of Removal should avoid relying on broad equities when a threshold fact controls. Form I-246 is ICE's current application for an administrative stay under 8 C.F.R. §241.6.
Practical planning for Form I-246 stay removal ICE includes enforcement timing. Form I-246 stay removal ICE should account for detention, reporting duties, deadlines, and emergency removal risk. The stay request does not appeal or vacate the underlying order.
Practitioner Checklist
When handling An ICE Form I-246 stay request, separate legal mechanisms carefully. An ICE Form I-246 stay request should not merge custody, protection, reopening, and stay rules. An I-246 filing is distinct from a judicial stay or an automatic EOIR stay.
The requested outcome in ICE Form I-246 Administrative Stay of Removal should be explicit. ICE Form I-246 Administrative Stay of Removal should state the precise protection, stay, review, or custody action sought. A person under a final removal or deportation order may request discretionary temporary nonexecution.
In Form I-246 stay removal ICE, identify the decisionmaker first. Form I-246 stay removal ICE should be presented within that official's authority. Supporting evidence should explain the humanitarian, legal, family, medical, or enforcement-discretion basis for temporary relief.
Primary Legal Authorities and Sources
- ICE Form I-246 — Application for a Stay of Deportation or Removal Current ICE administrative-stay application.
- 8 C.F.R. §241.6 — Administrative Stay of Removal Current DHS administrative-stay regulation.
- 8 U.S.C. §1231 — Detention and Removal After Final Order Primary statute governing removal, supervision, detention, and reinstatement.
- EOIR Board Practice Manual 5.1 — Stays in General Current EOIR stay overview.
- EOIR Board Practice Manual 5.3 — Discretionary Stays Current EOIR guidance on discretionary stays.
- EOIR Board Practice Manual 5.2 — Automatic Stays Current EOIR guidance on automatic stays.
Frequently Asked Questions
What is the central rule for Form I-246 stay removal ICE?
Who decides Form I-246 stay removal ICE?
Does Form I-246 stay removal ICE cancel a removal order?
What records matter most for Form I-246 stay removal ICE?
Can Form I-246 stay removal ICE affect detention?
How should Form I-246 stay removal ICE be preserved for review?
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