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Voluntary Departure Q&A (December 22, 2008).
This Q&A provides an overview of EOIR’s new regulations on voluntary departure. The new regulations, which go into effect on January 20, 2009, address various aspects of voluntary departure, including what happens to voluntary departure when motions to reopen and reconsider and petitions for review are filed.
AILF filed comments objecting to various aspects of the Department of Justice's proposed voluntary departure / motion to reopen rule: EOIR Docket No. 163P – Voluntary Departure: Effect of a Motion to Reopen or Reconsider or a Petition for Review, 72 Fed. Reg. 67674 (Nov. 30, 2007)
The LAC filed amicus briefs arguing that the filing of a motion to reopen tolls the running of the voluntary departure.
| Dada v. Keisler | Supreme Court | No. 06-1181 |
| For more information about this case, see the Supreme Court Update. |
| Chedad v. Gonzales | 1st Circuit | No. 05-2782 |
| Muluya v. Gonzales | 1st Circuit | No. 05-1829 |
| Deloso v. Ashcroft | 9th Circuit | No. 02-72317 |
| Muniz v. Ashcroft | 9th Circuit | No. 03-72718 |
| De Martinez v. Ashcroft | 9th Circuit | No. 02-73939 |
| Ugokwe v. Attorney General | 11th Circuit | No. 05-15237 |
The LAC filed amicus briefs arguing that the courts of appeals have authority to stay the voluntary departure period during court of appeals review.
| Bocova v. Gonzales | 1st Circuit | No. 04-2175 |
| Zazueta-Carillo v. Ashcroft | 9th Circuit | No. 02-1541 |
The LAC filed amicus briefs arguing that the statutory right to file a motion to reopen must be given effect, despite the bar to relief for overstaying a voluntary departure order.
Bocova v. Gonzales
Chedad v. Gonzales
Muluya v. Gonzales
Deloso v. INS
Muniz v. Ashcroft
Zazueta-Carrillo v. Ashcroft
Ugokwe v. Attorney General
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1st Circuit
1st Circuit
1st Circuit
9th Circuit
9th Circuit
9th Circuit
11th Circuit
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No. 04-2175
No. 05-2782
No. 05-1829
No. 02-72317
No. 03-72718
No. 02-1541
No. 05-15237
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