Temporary Stay of Deportation

Memorandum
ENF 50/12.4.3-P

Subject:Temporary Stay of Deportation for Certain Aliens Who May Be Eligible for Suspension of Deportation

Date: July 11, 1997

To:
Regional Directors
Regional Counsel
District Directors
District Counsel
Officers in Charge (including SPCs)
Sector Chiefs

From: Office of Field Operations

On July 10, 1997, the Attorney General vacated and referred to herself the decision in Matter of N-J-B-, Interim Decision 3309 (BIA February 20, 1997).

Pursuant to the Attorney General’s action, a temporary stay of deportation will be afforded to certain aliens. Until further notice, the following aliens should not be removed:

Any alien with a final order who was placed into deportation proceedings (the Order to Show Cause was filed with the Executive Office for Immigration Review) prior to April 1, 1997, and has been physically present in the United States for a continuous period of seven years, unless:

(1) The alien was denied suspension for reasons other than failing to have seven years continuous physical presence before the charging document was served, or

(2) The alien has been convicted of an aggravated felony, or

(3) The alien is clearly ineligible for suspension of deportation on grounds other than failing to have seven years continuous physical presence before the charging document was served. An alien should not be considered clearly ineligible for suspension for failing to meet the extreme hardship standard, unless that determination has been made by an Immigration Judge, the Board of Immigration Appeals, or a federal appellate court in a final, unappealed decision.

In addition, the INS will not issue bag and baggage letters, apprehend, or take into service custody any aliens with final orders who are protected from removal under this instruction, unless they are involved in criminal activity.

The INS may remove any alien protected from removal under this instruction if the alien makes a written request to be removed. If the alien is represented by counsel, as indicated by a completed form G-28 or EOIR-28, the alien’s legal representative must be notified of the request prior to removal.

Please be advised that a related instruction has been issued regarding motions to reopen deportation proceedings. A copy of that instruction is attached.

Brian R. Perryman
Acting Executive Associate Commissioner
for Field Operations