Administrative stay

Last updated

An administrative stay or temporary stay is an action that can be taken by courts. It stops a previous legal ruling from taking effect until more legal proceedings have taken place, such as an appeal. [1] It is a type of expedited relief [1] and a type of interim administrative measure, [2] but it is different from a judicial stay. [2] It can be used to stop a previous judgment from violating rights or destroying property. [1]

Contents

By country

Canada

In Canada, administrative stays can be used in immigration cases to delay removal of an individual. [3]

United States

Administrative stays can be used by United States courts at the state [2] and federal level. Administrative stays have been used in major court cases and affected topics such as abortion and immigration. [1]

References

  1. 1 2 3 4 Bayefsky, Rachel (2022-06-01). "Administrative Stays: Power and Procedure". Notre Dame Law Review. 97 (5): 1941–1984.
  2. 1 2 3 Levinson, L. Harold (1994). "Interim Relief in Administrative Procedure: Judicial Stay, Administrative Stay, and Other Interim Administrative Measures". American Journal of Comparative Law Supplement. 42: 639.
  3. ↑ Tavadian, Alexandre (April 2010). "Statutory, judicial, and administrative stays in immigration matters" (in French).{{cite journal}}: Cite journal requires |journal= (help)
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.