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Does filing an appeal stop removal?

October 29, 2025 – Abogada Lorena® Rivas

Rivas & Associates National Immigration Law Firm | Call (918) 505-4870

For appeals from immigration judge merits decisions, the regulation provides that the decision is not executed during the time to appeal and while a timely appeal is pending at the Board, subject to listed exceptions. Separate rules apply to custody-appeal stays.

Under 8 C.F.R. § 1003.6(a), an Immigration Judge’s decision “shall not be executed” while a timely appeal is pending except as otherwise provided in the regulations. This means the decision is not final during the appeal window and while the appeal is pending, but this does not automatically bar all removal actions (e.g., certain administrative removal, DHS discretionary removals, or custody transfers). Custody appeals (bond determinations under 8 C.F.R. § 1003.19) have their own stay rules.

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