Individuals facing removal proceedings who accept voluntary departure must leave the country within the 60-day deadline, including weekends and federal holidays, a Tenth Circuit panel found. This is a change from the previous Ninth Circuit Court ruling.
Noncitizens who accept self-removal can continue to challenge their removal case during the 60-day period. However, legal filings must be submitted during the 60-day window, including weekends and federal holidays. An earlier ruling by the Ninth Circuit stated that when the 60th day of a voluntary departure period falls on a federal holiday or weekend, when the courts can’t accept legal challenges, a noncitizen can complete filing their challenge upon opening of the courts. The Tenth Circuit found this effectively extends the 60-day period.
As such, the Tenth Circuit dismissed the Ninth Circuit’s rationale. They found that the “following business day” approach does not apply to self-removal. Waiting until the next business day to depart the country is a violation of the self-removal agreement.
Failure to comply with the self-removal deadline results in substantial consequences, including possible civil penalties and being barred from pursuing most options to gain legal status in the U.S. This new ruling is a reminder that self-deportation deadlines must be strictly adhered to. If you are considering accepting voluntary departure, it is important to work with an experienced immigration attorney to ensure that you understand your rights and obligations under the law.
If you have questions about removal proceedings or any other immigration-related issue, contact us at ILBSG. Our extensive experience ensures you get the right advice based on your specific situation and remain in compliance with immigration guidelines.
