Voluntary Departure |
Last Updated:
Thu, Oct 15, 2009 <This page is under construction>
Voluntary Departure Q&A (December 22, 2008).
This Q&A provides an overview of EOIR’s new regulations on voluntary departure. The new regulations, which go into effect on January 20, 2009, address various aspects of voluntary departure, including what happens to voluntary departure when motions to reopen and reconsider and petitions for review are filed.
AILF filed comments objecting to various aspects of the Department of Justice's proposed voluntary departure / motion to reopen rule: EOIR Docket No. 163P – Voluntary Departure: Effect of a Motion to Reopen or Reconsider or a Petition for Review, 72 Fed. Reg. 67674 (Nov. 30, 2007)
The LAC filed amicus briefs arguing that the filing of a motion to reopen tolls the running of the voluntary departure.
- Dada v. Keisler Supreme Court No. 06-1181
For more information about this case, see our Supreme Court Update webpage.
- Chedad v. Gonzales 1st Circuit No. 05-2782
- Muluya v. Gonzales 1st Circuit No. 05-1829
- Deloso v. Ashcroft 9th Circuit No. 02-72317
- Muniz v. Ashcroft 9th Circuit No. 03-72718
- De Martinez v. Ashcroft 9th Circuit No. 02-73939
- Ugokwe v. Attorney General 11th Circuit No. 05-15237
The LAC filed amicus briefs arguing that the courts of appeals have authority to stay the voluntary departure period during court of appeals review.
- Bocova v. Gonzales 1st Circuit No. 04-2175
- Zazueta-Carillo v. Ashcroft 9th Circuit No. 02-1541
The LAC filed amicus briefs arguing that the statutory right to file a motion to reopen must be given effect, despite the bar to relief for overstaying a voluntary departure order.
- Bocova v. Gonzales 1st Circuit No. 04-2175
- Chedad v. Gonzales 1st Circuit No. 05-2782
- Muluya v. Gonzales 1st Circuit No. 05-1829
- Deloso v. INS 9th Circuit No. 02-72317
- Muniz v. Ashcroft 9th Circuit No. 03-72718
- Zazueta-Carrillo v. Ashcroft 9th Circuit No. 02-1541
- Ugokwe v. Attorney General 11th Circuit No. 05-15237
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