Requesting an ICE Stay of Removal: Form I-246 and the Separate Motion Record

Review the primary ICE Form I-246 and instructions.

Form I-246 asks ICE to postpone carrying out a final removal order. It does not reopen the case, erase the order or pause removal while ICE considers the request. Before a reporting date or planned removal, establish whether an actual stay is in effect, who granted it and when it ends. A filing receipt is not the stay decision.

This guide explains the procedural choices and limits of an ICE administrative stay. For the separate task of gathering medical records, criminal dispositions, declarations and other exhibits, use our Form I-246 evidence-packet checklist. The two reviews should fit together: The order and procedural history identify the request to make; the evidence explains why it should be granted.

Know what an I-246 request does

Under 8 C.F.R. § 241.6, the stay decision is discretionary. Filing a request, or not receiving a decision, does not delay removal or excuse compliance with an outstanding surrender notice. This distinction is critical when a reporting date or removal arrangement is approaching.

Section 241.6(b) states that denial of this administrative request is not appealable, while preserving the possibility of a stay from an immigration judge or the Board in connection with an appropriate previously filed motion. Different requests involve different authority. Do not describe an ICE filing receipt as a court stay.

Confirm the office and current filing requirements

The current ICE instructions direct in-person submission to the relevant Enforcement and Removal Operations office and explain contacting that office if in-person submission is a problem. They distinguish detained applicants from applicants filing through the office with jurisdiction over their residence. Confirm the applicable office, appointment arrangements, fee, payment method, and current form before attempting to file.

ICE’s instructions describe identity documents, supporting evidence, and the possibility of fingerprinting and photographing. Separate applications are required for family members. A complete packet for one person should not be treated as an application for every relative affected by the same circumstances.

Connect the requested time to supporting evidence

Explain the reason for the requested stay and the period sought. For a medical basis, organize recent records that explain the current condition and treatment need; the form instructions call for medical documentation. For other reasons, identify dated evidence and explain how it supports the particular request.

Prepare a chronology of the final order, prior stay requests, relevant notices, and other pending proceedings. Include accurate information about criminal matters where requested, with available dispositions. An incomplete or inconsistent account can prevent a decision-maker from understanding the circumstances and can create additional problems.

Track the decision and separate proceedings

Keep a complete copy and proof of submission. If relief is granted, review its duration and conditions and preserve the actual decision. The instructions describe possible supervision conditions and explain that a stay may be revoked. Temporary permission to postpone removal should not be represented as permanent immigration status.

Continue to track any separate motion, appeal, or court proceeding according to its own rules. Counsel should review the actual order and procedural history before identifying an available remedy. Where removal is imminent, the existence and communication of a valid stay matter more than the mere existence of an application packet.