The Board of Immigration Appeals (BIA) has issued a significant ruling that changes how individuals facing removal orders can request stays of removal. This decision affects anyone currently in the immigration system who is subject to a final removal order. The new policy requires that individuals first seek a stay from the Department of Homeland Security (DHS) before the BIA will consider their request for a stay in connection with a motion to reopen or reconsider a Board or Immigration Court order.
This ruling, decided on June 12, 2026, in the case of Felipe De Jesus Herrera-Nunez (Docket ID 4204), is crucial because it aims to streamline the process and reduce the burden on the already overloaded immigration court system. By requiring that requests for stays be initiated with DHS, the BIA hopes to improve administrative efficiency and conserve resources.
Background
Felipe De Jesus Herrera-Nunez, a native and citizen of Mexico, found himself facing a final removal order after an Immigration Judge dismissed his appeal in October 2015. Nearly a decade later, in May 2025, he filed an untimely motion to reopen his case, citing significant changes in his circumstances, including his marriage to a U.S. citizen and the birth of their child. He requested a stay of removal while his motion was pending.
The BIA noted that under current immigration regulations, individuals with final removal orders can request stays from both DHS and the BIA. However, this dual approach has led to unnecessary duplication of efforts and has contributed to the congestion of the BIA's docket. The court recognized that many individuals, like Herrera-Nunez, often submit requests for stays to both agencies, which complicates the process further.
The Ruling
The BIA ruled that going forward, individuals subject to final removal orders must first request a stay from DHS before the BIA will consider any stay requests in connection with a motion to reopen or reconsider. Chief Appellate Immigration Judge Malphrus, along with Appellate Immigration Judges Chaban and White, emphasized that this new policy is intended to enhance administrative efficiency and streamline the process. The ruling states, "An alien subject to a final removal order should first request a stay from DHS prior to the Board considering a stay request filed in connection with a motion to reopen or reconsider a Board or Immigration Court order."
The court also highlighted that DHS is best positioned to handle stay requests since it has the authority to execute removal orders. This shift aims to prevent the BIA from being overwhelmed by stay requests when DHS is already equipped to handle them. The BIA will still maintain the authority to consider stay requests but only after the individual has sought a stay from DHS.
Impact
This ruling is expected to have a substantial impact on how immigration cases are processed in the future. By requiring individuals to first approach DHS for stay requests, the BIA aims to reduce its caseload and improve the efficiency of the immigration system. This change could lead to quicker resolutions for individuals seeking to reopen their cases, as they will now have a clearer path to follow.
The decision also underscores the importance of the DHS's role in the immigration process. It reinforces the idea that DHS is the primary agency responsible for executing removal orders and handling related requests. The BIA's new policy is likely to influence how future cases are handled, particularly for those who may have previously submitted simultaneous requests to both agencies.
What's Next
The new policy will apply only to stay requests filed after this decision. Individuals who have pending cases may still seek to have their motions considered under the previous rules. It remains to be seen how this ruling will influence the outcomes of future immigration cases and whether it will lead to any appeals or challenges. Details were not available in the court filing regarding any related cases that might be pending.