The Board of Immigration Appeals has announced a new prospective procedural rule for stay requests filed with motions to reopen or reconsider. The Board held that a respondent with a final order of removal should first request a stay from DHS before asking the Board or an Immigration Judge (IJ) to grant a stay in connection with a motion to reopen or reconsider.
The Board explained that DHS has statutory authority to execute removal orders and is generally best positioned to consider stay requests first. The new rule applies only to stay requests filed after June 12, 2026, and does not bar the Board or IJ from granting a stay after DHS denies one. Emergency situations, including imminent removal of a detained respondent, may remain excepted.
The full text of Matter of Herrera-Nunez can be found here: https://www.justice.gov/eoir/media/1445646/dl?inline