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DOJ/EOIR

RIN: 1125-AA60

Publication ID: Fall 2008

Title: Voluntary Departure: Effect of a Motion To Reopen or Reconsider or a Petition for Review
Abstract: The immigration laws provide that an alien may request and receive a grant of voluntary departure in certain cases; such a grant allows an alien to depart voluntarily during a specified period of time after the order is issued, in lieu of being removed under an order of removal. Voluntary departure is an agreed upon exchange of benefits between the alien and the Government, which provides tangible benefits for aliens who do depart during the time allowed, but there are severe statutory penalties for aliens who voluntarily fail to depart during the time allowed for voluntary departure. This proposed rule would amend the Department of Justice (Department) regulations regarding voluntary departure to protect the aliens statutory right to file a motion to reopen or reconsider, but also to provide that the aliens filing of a motion to reopen or reconsider prior to the expiration of the voluntary departure period will have the effect of automatically terminating the grant of voluntary departure. Similarly, the rule also provides that the aliens filing of a petition for judicial review shall automatically terminate the grant of voluntary departure. This means that the alien will be subject to the alternate order of removal that was issued in conjunction with the grant of voluntary departure, similar to other aliens who were found to be removable, but this approach also means he or she will not be subject to the penalties for failure to depart voluntarily. However, aliens who do depart the United States during the period allowed for voluntary departure will be deemed to have departed voluntarily notwithstanding the prior filing of a motion or petition for review. The rule also amends the bond provisions for voluntary departure to make clear that an aliens failure to post a voluntary departure bond as required will not have the effect of exempting the alien from the penalties for failure to depart under the grant of voluntary departure. Aliens accepting a grant of voluntary departure remain liable for the amount of the voluntary departure bond (in an amount not less than $500) if they do not depart as they had agreed, but they will be able to get a refund of the bond amount upon proof of their departure within the time allowed. In addition, the rule provides for setting, at the time the immigration judge issues a grant of voluntary departure, a specific dollar amount of not less than $3,000 as a civil money penalty if the alien voluntarily fails to depart within the time allowed.
Agency: Department of Justice(DOJ)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Final Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 8 CFR 1240
Legal Authority: 8 USC 1103 8 USC 1182 8 USC 1186a 8 USC 1124 to 1127 8 USC 1129(c)(e) 8 USC 1251 8 USC 1252 note 8 USC 1252a 8 USC 1252b 8 USC 1362 PL 105-100, sec 202 to 203 PL 105-277, sec 902 8 CFR 2

Legal Deadline: None

Timetable:

Action	Date	FR Cite
NPRM	11/30/2007	72 FR 67674
NPRM Comment Period End	01/29/2008
Final Action	12/00/2008

Regulatory Flexibility Analysis Required: No	Government Levels Affected: Federal
Federalism: No
Included in the Regulatory Plan: No
RIN Data Printed in the FR: No
Agency Contact: Jean King General Counsel Department of Justice Executive Office for Immigration Review 5107 Leesburg Pike, Suite 2600, Falls Church, VA 22041 Phone:703 305-0470 Fax:703 305-0443 Email: eoir.regs@usdoj.gov