STAY OF REMOVAL MOTION / REQUEST

(BIA or ICE ERO)
COVER LETTER, MOTION BODY, AND EVIDENCE CHECKLIST

Filing Overview

• Respondent: [NAME], A#: [A-NUMBER]
• Final order date/type: [DATE], [IJ/BIA/AAO]
• Current custody status: [DETENTION LOCATION / AT LARGE]
• Basis for stay: [Pending motion/appeal/FOIA-based claim/USCIS petition filed/date]; [Medical/humanitarian factors]; [Travel document not obtained]; [Country conditions].
• Forum: [BIA stay motion] / [ICE ERO Form I-246 request]; Filing office: [ADDRESS/FAX/EMAIL where permitted]

Packet Order (suggested)

1) Cover letter (this document) identifying procedural posture and requested stay period.
2) Stay motion body (for BIA) or Form I-246 (for ICE), signed.
3) Proof of jurisdiction/pending matter (motion to reopen, appeal receipt, USCIS receipt, federal litigation docket).
4) Evidence supporting stay (hardship, medical records, country conditions, travel document issues).
5) Prior orders/NTAs/decision copies.
6) Evidence of equities: family ties (marriage/birth certificates), community letters, employment history.
7) Criminal record dispositions (if any) with rehabilitation evidence.
8) G-28 and identity documents.
9) Fee payment (I-246) or fee waiver proof if accepted.

Cover Letter Body (sample - BIA)

text
Date: [DATE]

Board of Immigration Appeals
5107 Leesburg Pike, Suite 2000
Falls Church, VA 22041

RE: Stay of Removal Motion - [NAME, A#]; Final Order dated [DATE]; Pending [MTR/MTR SUA SPONTE/APPEAL]

Dear Board:

Enclosed is a motion for stay of removal pending adjudication of the concurrently filed [motion to reopen/appeal]. Good cause exists because removal would moot the pending relief and cause irreparable harm given [HARDSHIP/MEDICAL/COUNTRY CONDITIONS]. DHS counsel has been served per certificate below.

Respectfully,
[NAME/ATTORNEY]

Cover Letter Body (sample - ICE ERO Form I-246)

text
Date: [DATE]

To: ICE ERO [FIELD OFFICE ADDRESS]

RE: Form I-246 Stay of Removal Request - [NAME, A#]

Dear Officer:

Please accept the enclosed Form I-246 with supporting documentation. A stay is warranted based on [MEDICAL/HUMANITARIAN/PENDING USCIS OR COURT MATTER], and removal at this time would cause irreparable harm. A money order for the filing fee is enclosed [or fee waiver per local policy].

Sincerely,
[NAME/ATTORNEY]

Motion Body (BIA template)

1) Introduction and relief requested.
2) Procedural history and final order details.
3) Jurisdictional basis for stay (pending appeal/MTR).
4) Standard for stay (likelihood of success/irreparable harm/public interest/balance of equities, as applicable).
5) Application of factors to facts (summarize evidence).
6) Conclusion and prayer for relief.
7) Certificate of service on DHS.

Practice Notes

• Check current BIA stay motion requirements (service method, page limits, emergency fax/ECAS rules).
• For ICE I-246, follow local field office procedures (appointments, fees, biometrics).
• Provide translated, organized exhibits with tabs; include a concise evidence index.
• If medical-based, include recent physician letters and treatment plans; note travel risks.
• Track custody location and travel document issuance status; update the forum on material changes.