An EOIR Admin. Stay is automatically issued when what condition is met?

An EOIR (Executive Office for Immigration Review) Admin. Stay is automatically issued when a removal order is issued in absentia, and the alien files a Motion to Reopen (MTR). This specific scenario acknowledges that the alien was not present during the proceedings leading to their removal order, potentially due to not receiving proper notice or other valid reasons. By filing an MTR, the alien is essentially requesting the court to reconsider the removal order based on new evidence or changed circumstances. In this case, the automatic stay serves to pause the enforcement of the removal order until the merits of the Motion to Reopen are evaluated, ensuring that individuals have a fair chance to contest their removal from the United States.

Other scenarios listed do not lead to an automatic EOIR Admin. Stay. For instance, merely applying for a visa, experiencing a change in status, or voluntarily departing does not provide the same legal basis for halting the execution of a removal order, as they are not directly tied to the circumstances of the removal proceeding itself. The specific linkage between an in absentia order and the request for reopening the case is what qualifies for an automatic stay under EOIR regulations.