ORDER OF SUPERVISION?

An Order of Supervision (OSUP) is given to immigrants who have been detained by U.S. Immigrations and Customs Enforcement (ICE) and then released. Being detained and then released often raises a host of other questions, which we will try to answer here.

What is an Order of Supervision (OSUP)?

An order of supervision is given to people who are awaiting a court hearing or final deportation order. The order is a way for immigration officials to track immigrants and minimize the risk of flight. Rather than being placed in a detention facility, the order allows the immigrant to walk free, live, and work in the U.S. so long as the immigrant meets regularly with ICE representatives and agrees to adhere to a specific set of conditions. These conditions can last for a long time – months or even years – while your case is being decided.

Why am I under an Order of Supervision? If you have been placed under an Order of Supervision it means that your case is still being decided. You may be waiting to hear if you will be deported or allowed to stay in the U.S. You may be waiting to hear the date of your deportation. There are many reasons why you might be under an Order of Supervision.

What is an Order of Release on Recognizance (ROR)? Sometimes, immigrants receive an Order of Release on Recognizance (ROR), Own Recognizance (OR), or Personal Recognizance (PR) instead of paying bond or posting bail. No matter what the order is called, it is a written statement or promise that the immigrant will show up for future court appearance and will not engage in any illegal activity while out on their ROR. Orders of Release on Recognizance are issued in non-violent or less serious misdemeanor cases and at the judge’s discretion. Like an Order of Supervision, an Order of Release on Recognizance includes many conditions and requirements that must be followed such as checking in with an ICE representative and a restriction on travel. If any of the conditions are violated or any court dates missed, the individual can be arrested.

What is a Stay of Removal (I-246)? A Stay of Removal is a temporary postponement of removal from the United States. Stays of Removal can only be filed after a Final Order of Removal has been issued. Stays of Removal may be automatic or subject to the judge’s discretion, depending on the circumstances surrounding the Order of Removal. The circumstances surrounding a Stay of Removal are so personal to each case that it is best to consult with an immigration attorney to determine if you qualify for a Stay of Removal and to follow the necessary procedures for obtaining a Stay of Removal.

When should I file a Stay of Removal (I-246)? Immigrants who have already received their Orders of Deportation should file a Stay of Removal with ICE while they are still in the United States. Form I-246 should include the reasons why you are requesting a stay of deportation or removal. Be sure to follow all of the instructions on Form I-246 and include required documents since this evidence will play a strong role in the success of your request