Category Archives: Voluntary Departure

Failure to comply with an order of voluntary departure, available for certain victims of domestic violence or related abuse, does not extend to U-1 nonimmigrant victims of qualifying criminal activity

The following Immigration Policy Memorandum is now available Matter of L-S-M-, Adopted Decision 2016-03 (AAO Feb. 23, 2016) PM-602-0133 This policy memorandum (PM) designates the attached decision of the Administrative Appeals Office (AAO) in Matter of L-S-M- as an Adopted … Continue reading

Posted in Matter of L-S-M-, Voluntary Departure | Leave a comment

Bachynskyy v. Holder. 7th Cir. -IJ Warnings regarding voluntary departure are not retroactive to VD grants occurring before January 20, 2009

Petitioner, a Ukrainian citizen who entered the U.S. without inspection sought withholding of removal under the Convention Against Torture. The Immigration Judge stated that she was continuing the case for four months, but that if she decided before that date,”you … Continue reading

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Asylum, Convention Against Torture, Motion to Reopen, Motions to Reopen, Voluntary Departure, withholding of removal, withholding of removal; lack of jurisdiction | Leave a comment

Matter of Gabriel GAMERO Perez: BIA will not reinstate voluntary departure absent proof of bond being posted

Pursuant to 8 C.F.R. § 1240.26(c)(3) (2010), an Immigration Judge who grants an alien voluntary departure must advise the alien that proof of posting of a bond with theDepartment of Homeland Security must be submitted to the Board of Immigration … Continue reading

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Voluntary Departure, conclusion of removal proceedings

Supreme Court Holds that Alien Must Be Allowed to Withdraw Request for Voluntary Departure but Voluntary Departure Is Not Automatically TolledDada v. Mukasey, 128 S. Ct. 2307 (U.S. June 16, 2008) Petitioner, a native and citizen of Nigeria, who had … Continue reading

Posted in conclusion of removal proceedings, Motion to Reopen, Voluntary Departure | Leave a comment