DECISION BELOW: 88 F.4th 1301 (CA10)
CERT. GRANTED 7/2/2024
QUESTION PRESENTED: Federal immigration regulation permits the federal government to grant a “voluntary departure” interval of as much as 60 days to a noncitizen “of fine ethical character” who receives an antagonistic choice in elimination proceedings. 8 U.S.C. §1229c(b). If the noncitizen fails to depart throughout that window, she or he is topic to a civil tremendous and is ineligible for numerous types of immigration reduction (like cancellation of elimination or adjustment of standing) for 10 years. §1229c(d)(l). If, nevertheless, the noncitizen “file[s] a post-decision movement to reopen or rethink in the course of the interval allowed for voluntary departure,” the penalties for failure to voluntarily depart don’t apply. 8 C.F.R. § 1240.26(b)(3)(iii).
The query introduced is: When a noncitizen’s voluntary-departure interval ends on a weekend or public vacation, is a movement to reopen filed the following enterprise day enough to keep away from the penalties for failure to depart?
Cert. Pet. here.
Opposition here.
Reply here.
