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41.0212 Stay of deportation.

Cite as [A.S.C.A. § 41.0212]

The filing of a petition under 41.0210 shall not stay the deportation of any person pending determination of the Court unless the court otherwise directs.

History: 1984, PL 18-52 § 2, amd 2004, PL 28-17.

Case Notes:

Interlocutory stay of a deportation order should be granted only when there is a substantial likelihood that the petitioner will prevail on the merits and the petitioner will be greatly or irreparably injured if the stay is not granted. A.S.C.A. § 41.0211. Rakhshan v. Immigration Board (Mem.), 13 A.S.R.2d 25 (1989).

Because deportation tends severely to disrupt the life of the one deported, whether a stay is granted pending appeal of deportation order usually depends on whether the petitioner appears to have a good chance of prevailing. A.S.C.A. § 41.0211. Rakhshan v. Immigration Board (Mem.), 13 A.S.R.2d 25 (1989).

Where it was not clear from Immigration Board decision that in the absence of allegedly false statements the appellant would have been deported solely because he was no longer employed, and where the court had found no false statements in the record, a stay of deportation would be granted and the matter remanded for a new hearing. A.S.C.A. §§ 41.0210-11. Rakhshan v. Immigration Board (Mem.), 13 A.S.R.2d 25 (1989).