New Rules for Voluntary Departures
December 23, 2008 by Thomas Esparza
Filed under Attorneys
AMERICAN IMMIGRATION LAW FOUNDATION
VOLUNTARY DEPARTURE RULE Q&A
Overview
On December 18, 2008, the Executive Office for Immigration Review (EOIR) issued a final rule
on voluntary departure, “Voluntary Departure: Effect of a Motion to Reopen or Reconsider or a
Petition for Review.” The rule, which goes into effect on January 20, 2009, addresses various
aspects of voluntary departure, including the relationships between voluntary departure and
motions to reopen and reconsider and petitions for review in the circuit court. These issues have
been the subject of extensive litigation in the federal courts. Among other things, this rule:
• specifies that voluntary departure terminates upon the filing of a motion to reopen or reconsider
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• specifies that voluntary departure terminates upon the filing of a petition for review
• requires immigration judges and the Board of Immigration Appeals (BIA) to provide notice about the obligations and conditions of voluntary departure and of filing a motions or petition for review
• requires individuals granted voluntary departure to provide proof to the BIA of payment of the voluntary departure bond if a case is appealed
