Form I-246 Evidence Packet: What to Bring to an ICE Stay-of-Removal Request

Review the primary official source.

Updated September 20, 2026. Verify the current agency form, notice, and instructions before acting.

Form I-246 asks ICE to exercise administrative discretion to stay execution of a removal order. It is not an appeal, motion to reopen, or automatic stay. The current form, fee, field-office procedure, reporting history, travel-document status, criminal disclosures, equities, and asserted hardship all matter. For a California resident or family, the responsible ICE field office, detention location, and immigration-court posture may be in different places and must be verified separately. Because removal and reporting can be imminent, applicants should confirm current ICE instructions and obtain case-specific advice rather than treating a checklist as permission to miss a report date.

Confirm the order, custody posture, and correct ICE office

Assemble the A-number, immigration-court and BIA orders, petition-for-review or motion history, prior stays, supervision documents, reporting notices, passport and travel-document correspondence, and every ICE receipt. Determine whether any judicial or administrative stay already exists and its exact scope. Do not represent that a pending filing protects against removal unless the governing authority says so.

Use ICE’s current field-office directory and instructions to identify where the request is accepted. Procedures can change, and detention may affect the filing route. If a person’s location is unknown, ICE’s Online Detainee Locator System can assist with a search using accurate identity information; it is a locator, not a legal-status determination.

Use the current form, fee, and complete disclosures

Download Form I-246 from ICE at the time of filing and read every instruction. Verify the current fee and permitted payment method rather than copying an old packet. Complete identity, address, order, passport, departure, reporting, and other questions accurately. Explain uncertainty rather than guessing.

Disclose arrests, charges, convictions, probation, and dispositions as requested and attach certified records when appropriate. Compare answers to immigration filings and background records. An omission may damage credibility even if the underlying event might not defeat the request. Obtain advice about privileged strategy and sensitive records before submission.

Connect each requested exercise of discretion to evidence

Write a concise declaration that explains the requested stay period, the concrete reason, compliance history, family and community ties, medical or humanitarian facts, pending legal relief, and a feasible supervision plan. Support each material assertion with a labeled exhibit such as identity records, birth or marriage certificates, medical letters, school records, tax and employment records, declarations, proof of pending applications, and evidence of reporting compliance.

Medical evidence should identify the condition, current treatment, functional consequences, continuity needs, and why interruption matters, without exaggeration. Family hardship evidence should explain dependency and alternatives. A pending motion or petition should include a file-stamped copy and docket information, while acknowledging that filing alone may not create a stay.

File, document receipt, and plan for every outcome

Bring or submit the form, fee, identity documents, order records, indexed exhibits, and copies in the format the responsible office currently requires. Preserve a complete duplicate, payment receipt, delivery proof, appointment record, and any decision or reporting instruction. Continue reporting unless ICE or a court lawfully changes the requirement.

Review the I-246 overview, removal-proceeding guide, A-file request guide, and deportation-defense practice page. These resources address related tasks but do not replace the current ICE instructions.

What this means: practical action checklist

• Verify the final order, current reporting schedule, existing stays, and correct ICE office.
• Download the current I-246 and confirm the fee and payment method.
• Prepare accurate criminal, immigration, passport, and compliance disclosures with supporting records.
• Index evidence to each humanitarian, legal, family, medical, and supervision point.
• Keep reporting and litigation calendars active; filing alone does not guarantee protection.