On June 13 the Board of Immigration Appeals (BIA) issued Matter of Herrera-Núñez, a precedential decision that overhauls the mechanics of emergency “stay of removal” requests. Going forward, any non-citizen under a final order of deportation who files a motion to reopen or reconsider must first ask the Department of Homeland Security (DHS) for a discretionary stay before the immigration court or the BIA will consider the plea. The Board reasoned that DHS—not the courts—executes removal orders and therefore should have the initial opportunity to decide whether to halt deportation. If DHS denies the request, the BIA or an immigration judge may still grant relief, but only after reviewing the department’s written rationale. Practically, the rule injects a new procedural step that attorneys must complete—often within hours—when a client is scheduled for imminent removal. Corporate mobility managers assisting assignees in removal proceedings will need to factor in DHS-first timing, gather additional evidence up front and be prepared to file parallel stay applications with Enforcement and Removal Operations. Critics argue the change will cost precious time in life-or-death asylum cases, while supporters say it clarifies jurisdictional roles and could reduce duplicative filings. The rule applies prospectively to stays filed on or after June 12. Companies sponsoring employees in immigration court should alert counsel to the new sequencing immediately. Missing the DHS-first step could render a stay request defective and allow deportation to proceed.
