Who has the authority to issue an EOIR Admin. Stay of Removal?

The authority to issue an Executive Office for Immigration Review (EOIR) Administrative Stay of Removal lies with Immigration Judges (IJ), the Board of Immigration Appeals (BIA), or Federal district courts. This means that these judicial bodies have the power to pause the removal process temporarily while a case is evaluated or pending a decision on appeal.

This authority is significant because it provides a mechanism for individuals facing removal to seek relief and have their cases considered more thoroughly without facing immediate deportation. The stay allows time for legal proceedings to unfold, including reviews of potential claims that might allow the individual to remain in the United States.

Local immigration officers and the Chief of ICE do not possess the authority to grant these stays, as their roles are primarily focused on enforcement and decision-making functions rather than judicial reviews. International courts are outside of the U.S. legal framework for immigration processes and, therefore, do not have jurisdiction over U.S. immigration matters like stays of removal issued under the EOIR.