I have a deportation order for a criminal conviction. What can I do?
Question & AnswerI have a deportation order for a criminal conviction. What can I do?
5. Follow the conditions if you get a stay of removal
The Immigration Appeal Division (IAD) can decide to give you a stay of removal. This means that your is suspended for a certain period of time, for example, 3 years.
If you’re convicted of another during this time, the stay is automatically cancelled. You can then be and have no right to appeal.
A stay of removal has many terms and conditions, including reporting regularly to Canada Border Services Agency (CBSA) and not committing any crimes.
Make sure you understand and follow all of the conditions that are part of your stay of removal.
Not following the conditions
If you don’t follow the conditions of the stay, CBSA can ask the IAD to schedule another hearing. At that hearing, the IAD can decide to:
- continue the stay of removal
- change the conditions on your stay of removal
- cancel the stay, so that you can be deported
When the time period of the stay ends
When the time period for the stay ends, the IAD still has to make a final decision about your appeal. If you confirm in writing that you followed all of the conditions, CBSA can agree that the IAD should cancel your .
Otherwise, you get another hearing. At the hearing, the IAD can decide to:
- extend the stay of removal for another period of time with the same or different conditions
- cancel your removal order, which means you won’t be deported
- end the stay of removal, which means you could be deported
Make sure they always have your current contact information. If they can’t reach you or you don’t respond when they do:
- they might decide that you have abandoned your appeal, and
- you could be deported.