Immigration detention, stay, and status-preservation research map.
Decision Framework
Structured routing for ICE custody classification, forum selection, and stay strategy. Confirm facts first, then route to the right lane.
START
|
|-- Is she in ICE physical custody now?
| |
| |-- NO
| | |
| | |-- Final removal order exists?
| | | |-- YES -> PFR + stay track in court of appeals
| | | |-- NO -> USCIS/EOIR status-preservation track
| |
| |-- YES
| |
| |-- Identify detention statute:
| |-- §1226(a) -> IJ/BIA custody-redetermination path
| |-- §1226(c) -> mandatory-detention constraints + due-process testing
| |-- §1225(b) -> parole-centered detention strategy
| |-- §1231 -> post-order detention framework (Zadvydas line)
|
|-- Is removal imminently scheduled?
|-- YES -> parallel stay channels (agency + BIA + First Circuit)
|-- NO -> continue record development + deadline control
| Option | Forum | Goal | Deadline Sensitivity | Primary Risk |
|---|---|---|---|---|
| § 1226(a) custody redetermination | IJ / BIA | Release from detention or custody conditions | Early fact-development is critical | Unavailable if detention is actually under § 1225/§ 1231 |
| Mandatory-detention classification challenge | IJ / BIA | Contest § 1226(c) placement where supportable | Should be raised promptly | Highly statute-of-conviction dependent |
| Parole track (when bond unavailable) | DHS / ICE | Discretionary release pathway | Useful where removal is near | Discretionary denial risk |
| § 2241 detention habeas | U.S. district court (district of confinement) | Test legality/due-process limits of detention | Depends on detention duration + record quality | Cannot substitute for direct final-order review |
| PFR + stay motion | First Circuit | Pause removal while judicial review proceeds | PFR generally 30 days from final order | Late filing usually forfeits route |
| Administrative stay of removal | DHS / ICE | Immediate lawful removal pause | Urgent if removal date has been set | No automatic grant |
| BIA stay request | BIA | Pause removal while BIA matter is pending | Time-critical once execution is possible | Filing motions alone generally does not stay removal |
| Motion to reconsider | IJ / BIA | Correct specific legal/factual error | Generally 30 days from final administrative order | No automatic stay |
| Motion to reopen | IJ / BIA | Present new and material evidence | Generally 90 days from final administrative order | No automatic stay |
| Stone no-tolling protection | Court of appeals + agency lane | Avoid forfeiting review while pursuing motions | Immediate calendar control issue | Waiting can miss PFR window |