It is recommended that in Contentious-Administrative Court cases regarding minor sanctioning administrative proceedings that may result in deportation, a protective measure should be taken to possibly suspend the decision of expulsion. For example, this should be done in cases where foreigners are being deported due to their irregular stay in our country.
Due to length of time these proceedings usually take, judges may adopt to take these measures. If they don´t and the administrative order enforces it, it may cause irreparable damages that in the end cause them to lose a legitimate defense, as stated in Article 130 of the LJCA (Contentious-Administrative Jurisdiction CAJ). It is understood that in ordering a foreigner to leave national territory causes a terrible disruption. Du to the damages caused during the enforcement of expulsion, the presentation of additional evidence won´t be necessary.
In sum, it is common to suspend the expulsion order in situations such as these, until a final decision is given regarding the main issue.
Translated by: Katherine Pascal