The U.S. Supreme Court agreed to review a case concerning noncitizens who fail to leave the country voluntarily within the 60-day period following a deportation order. At the heart of the matter is how the timeline is affected when the self-deportation deadline falls on a weekend or federal holiday. A circuit court found that the date of enforcement is not affected by the day of the week.
In a missed voluntary self-departure case, an individual did not leave the U.S. by the deadline, which fell on a Saturday. The individual was found to be in violation of policy, subject to a $3,000 fine and a 10-year re-entry ban. The individual argues that generally, if filing deadlines fall on weekends or federal holidays they are pushed to the next business day. The Ninth and Tenth Circuit courts are divided on the issue. As such, the individual is seeking resolution from the U.S. Supreme Court.
The Supreme Court decision in the matter will hopefully provide some clarity and uniformity. Noncitizens should be extremely vigilant and proactive regarding all deadline and seek the support of experienced attorneys when in question.
As always, ILBSG actively monitors ongoing updates to U.S. immigration policy. If you have questions about filing deadlines or any other U.S. immigration related issue, contact us. Our team of experienced individuals works directly with our clients to ensure they get the right advice for their particular situations.
