When a non-citizen is in “danger” of being immediately deported or removed, the non-citizen, or the non-
citizen’s attorney or representative, may request a stay of removal to prevent the execution of the final 
order.  An application for stay of removal may be automatic or discretionary.  It is automatic during the 
appeal process to the Board of Immigration Appeal.  However, except when the order was made in the 
absence of a non-citizen (in absentia), a stay is not automatic when a motion to reopen or reconsider is 
filed.  Nor is stay request automatic when a non-citizen files a petition for review in Federal court.  A stay 
is not permanent and is usually only granted when there is some way in which the non-citizen is either 
appealing the case, attempting to reopen the case or seeking an alternative remedy to removal such as a 
private bill.     The stay request is often filed with a written motion to reopen or reconsider filed with the 
Immigration Court, the BIA, or an appeal to a Federal Circuit Court.