When someone is days, sometimes hours, away from removal, the I-246 Stay of Removal is often the last legal mechanism standing between them and deportation. It’s a powerful tool, but only when used correctly. An I-246 stay of removal attorney in New York knows that ICE doesn’t approve these requests based on sympathy alone. The agency makes a discretionary decision, and the strength and organization of the evidence package submitted with the application determines whether that decision goes your way. This guide breaks down what evidence actually matters, how attorneys build the application, and what happens after ICE makes its ruling. What the I-246 Stay of Removal Is (and What It Is Not) An I-246 Stay of Removal is a formal request submitted directly to Immigration and Customs Enforcement (ICE) asking the agency to temporarily halt the execution of a final removal order. It is not a court filing. It doesn’t go before an immigration judge, and it doesn’t reverse or eliminate the underlying removal order. What it does is buy time, critically important time, while other legal processes move forward. According to ICE’s published enforcement and removal operations policies, stays of removal are granted on a discretionary basis. ICE officers evaluate whether compelling humanitarian, legal, or procedural reasons justify delaying removal. The bar is real. Not every application succeeds, and the strength of the evidence submitted determines the outcome far more than most people expect. Anyone with a final order of removal that has not yet been executed can apply for an I-246 stay. This includes individuals who lost their immigration court hearing, whose Board of Immigration Appeals appeal was denied, or who received a prior removal order and later re-entered the country. If ICE is actively preparing to execute a removal order, the I-246 is often the most immediate legal tool available, which is why attorneys move quickly when this situation arises. The Core Categories of Evidence That Matter ICE considers a specific set of factors when evaluating a stay application, and a well-prepared attorney builds the evidence package directly around each of those factors. The strongest applications address multiple categories at once, creating a layered picture of why removal would cause disproportionate harm. Family Ties in the United States The most persuasive evidence in most stay applications centers on U.S. citizens or lawful permanent resident family members, particularly children, spouses, or parents who depend on the applicant. Documentation includes birth certificates proving the relationship, evidence of the family member’s immigration status (passports, naturalization certificates, green cards), and written declarations explaining the nature and depth of the dependency relationship. Pending Legal Relief If another legal process is actively underway and could lead to a change in the applicant’s immigration status, that pending matter is strong grounds for a stay. This includes appeals to the Board of Immigration Appeals, a pending motion to reopen, or an active USCIS petition. Attorneys include court filing receipts, BIA case numbers, and USCIS receipt notices to document that the pending matter is real, current, and has a meaningful chance of producing a different outcome. Medical Circumstances Serious medical conditions requiring ongoing treatment that is unavailable in the home country can weigh significantly in a stay application. Supporting evidence includes physician letters on official letterhead explaining the diagnosis, treatment plan, and why that treatment is unavailable in the country of removal. Medical records, prescription histories, and specialist documentation strengthen this category of evidence considerably. Country Conditions For individuals facing danger in their home country, current country condition evidence from credible sources, demonstrate that removal creates immediate risk. Attorneys source this material from U.S. State Department country reports, Human Rights Watch, Amnesty International, the United Nations High Commissioner for Refugees, and relevant news documentation. This evidence is particularly compelling in cases where an asylum claim was denied on procedural grounds, but the underlying danger remains real and ongoing. Moral Character and Community Ties Employment records, letters from employers or supervisors, evidence of long-term U.S. residence, religious community affiliation, school enrollment records for children in the household, and documentation of community involvement all contribute to a picture of someone whose removal would harm not just themselves but the people around them. How an Attorney Builds the Evidence Package Submitting an I-246 application is not the same as filling out a form and attaching a few documents. The difference between a strong stay application and one that gets denied almost always comes down to how the evidence is gathered, organized, and presented to the ICE officer reviewing it. An experienced attorney starts with a complete review of the client’s immigration history, family situation, criminal record, if any, and all pending legal proceedings. From that review, they identify every factor that could support a favorable exercise of discretion and begin assembling documentation for each one systematically. For family-based evidence, this means gathering original birth certificates, marriage records, and proof of each qualifying family member’s current immigration status. For medical cases, it means working directly with physicians to obtain letters that connect the individual’s specific condition to the unavailability of equivalent treatment in their home country. For country conditions, attorneys don’t rely on generic background reports. They identify current, jurisdiction-specific documentation that speaks directly to the situation their client faces, sourced from institutions that ICE officers recognize as credible. Personal declarations carry significant weight when written clearly and specifically. A declaration that describes the applicant’s life in the U.S., their family ties, their contributions to their community, and what removal would mean for their dependents makes the abstract consequences of removal concrete. Supporting declarations from family members, employers, faith leaders, and community figures add texture and credibility to the application as a whole. Everything gets organized into a coherent package with a clear cover letter that identifies the legal basis for the stay request and walks the ICE officer through the evidence section by section. Disorganized or incomplete packages are harder to evaluate favorably, regardless of the strength of the underlying facts. Common Reasons I-246 Applications Are Denied

Michael J. Tatti

Michael J. Tatti provides dedicated legal representation with a client-first approach focused on clarity, strategy, and results. Whether you’re facing a family matter, immigration challenge, or personal legal concern, the team offers compassionate guidance, tailored solutions, and strong advocacy at every step. Discover a firm committed to protecting your rights and helping you move forward with confidence.

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