The U.S. Supreme Court is considering how to interpret the Immigration and Nationality Act’s (INA) 60-day guideline for those noncitizens offered voluntary removal. They are considering the effect of a holiday or weekend on how the final date to self-deport is determined.
In the challenge, a Mexican national was ordered by the Board of Immigration Appeals (BIA) to leave the country on a specific date, which fell on a Saturday. The individual presumed since the deadline fell on a weekend, an automatic grace period to the following business day was available. He planned to file a motion to reopen his matter on that following Monday. He was denied as his departure date passed. In his request, he asks the court to reverse a lower court finding that the INA statute deadline is fixed. Further, he points to early English law that extends deadlines to the next business day if the date falls on a weekend or holiday, as is commonly applied to other immigration-related deadlines unless otherwise required by Congress.
The U.S. Department of Justice states grace periods are typically applicable to judge-created deadlines, not statutory decisions. They point to other immigration statues that do not extend grace periods to the following business day. In addition, they point out that no actions from a court, only available during normal business days, are required to adhere to the determined date. Therefore, there is no need to exclude weekends or holidays from the 60-day deadline.
If you have questions about voluntary removal or any other U.S. immigration related issue, contact us at ILBSG. Our clients work directly with attorneys to ensure they get the right advice and remain in compliance.
