Requesting Deportation Suspension with Form I-246 Does Not Automatically Halt Removal

Filing Form I-246 with the U.S. Immigration and Customs Enforcement (ICE) to request a suspension of deportation does not automatically stop the removal process, nor does it exempt a person from complying with any existing presentation orders. This is outlined in the federal regulation 8 CFR 241.6, updated as of October 28, 2026.

This practical guide complements a decision by the Board of Immigration Appeals in the Matter of Pierre-Louis case, published this past Friday, which referenced the I-246 as an available option for individuals facing a final order. However, it cautioned that this form does not guarantee a halt to deportation.

ICE's form includes a clear warning: "A pending request does not prevent the execution of a final order of deportation or removal. The Field Office Director may, at their discretion, revoke approval and carry out the order at a chosen time without prior notice."

Eligibility to Submit the Form

Only individuals with a final administrative order of deportation or removal, after exhausting all available administrative remedies, can file this request. The decision rests solely with the ICE Field Office Director or their designee and is not subject to appeal.

The regulations specify that "neither the request nor the lack of notification about its resolution will delay removal or exempt the foreign national from strictly complying with any existing surrender orders."

Submission Process and Locations

The official ICE Form I-246 (edition 10/24) must be personally submitted to the Enforcement and Removal Operations (ERO) office with jurisdiction over the person’s location: to the office managing their custody if detained, or to the nearest office if not detained. Mail submission is only possible if expressly authorized by the ERO office.

Fees and Rejection Causes

The current fee is $155, non-refundable regardless of the outcome, payable in cash, money order, or cashier's check to the "Department of Homeland Security" or "Immigration and Customs Enforcement." The DHS may waive this fee at its discretion with an affidavit of financial status.

There is a proposal to increase this fee to $755, as announced in May 2026, but it is not yet in effect. ICE may reject the request without review if the fee is incorrect, if submitted to the wrong ERO office, if lacking a signature, if not delivered in person, or if the individual is a fugitive from ICE. It may also be denied due to criminal records, incomplete information, or at the discretion of the official.

Outcomes and Conditions of Approval

If ICE approves the I-246, a Supervision Order is issued with conditions the applicant must meet, and a minimum bond of $1,500 may be required. The approval could be for a period ranging from one to six months, three months, or any other term determined by the officer, and can be revoked at any time without notice.

Understanding the Distinctions

The I-246 is a temporary administrative suspension: it merely delays the physical removal without canceling the order or initiating any new proceedings. It is different from a motion to reopen the case before the immigration court or the BIA, which seeks to reactivate proceedings with new facts or evidence. Both are independent of a judicial suspension, which requires an explicit order from a federal court.

ICE’s denial of the I-246 does not preclude an immigration judge or the BIA from granting a stay in the context of a previously filed motion to reopen, according to 8 CFR 241.6(b).

Given the complexity of these avenues and their implications, it is advisable to consult with a licensed immigration attorney before submitting any requests.