Voluntary Departure Case Taken by the Supreme Court, Cases Vacated and Remanded in Light of Chevron’s Overruling

The Supreme Court has added a voluntary departure to its docket. for the 22 Term.   Here is the question presented by Velazquez v. Garland:

“Federal immigration law allows the government to grant a “voluntary departure” period of up to 60 days to a noncitizen “of good moral character” who receives an adverse decision in removal proceedings. 8 U.S.C. §1229c(b). If the noncitizen fails to depart during that window, he or she is subject to a civil fine and is ineligible for various forms of immigration relief (like cancellation of removal or adjustment of status) for 10 years. §1229c(d)(l). If, however, the noncitizen “file[s] a post-decision motion to reopen or reconsider during the period allowed for voluntary departure,” the penalties for failure to voluntarily depart do not apply. 8 C.F.R. § 1240.26(b)(3)(iii).”

 Lexis Nexis Immigration  and SCOTUSBlog have collected the materials. 

The Court also vacated and remanded anumber of immigration cases in light of its overruling of the Chevron doctrine.

KJ