New Final Ruling on Voluntary Departure
By admin ~ January 8th, 2009. Filed under: General.
The DOJ (Dept. of Justice) has made its final ruling regarding immigrants who wish to depart the U.S. voluntarily and it goes into effect January 20, 2009. While this rule offers some relief, it is also full of undesirable consequences if not followed carefully.
Basically, this final ruling states that you invalidate the right to voluntary departure if you:
· File for a motion to reopen or reconsider.
· Seek a judicial review from a court of appeals.
It also requires immigration judges to notify you of bond requirements prior to filing for voluntary departure. Furthermore, if you post the voluntary departure bond and request an administrative review of the removal order, you must prove that you posted the bond.
Regarding an immigrant’s right to file motions to reopen and reconsider, voluntary departure can be in jeopardy. Because one’s situation can change after an immigration hearing, the need for such motions may be your only relief. However, if the deadline for voluntary departure runs out while you wait on such filings to be ruled on, the relief you seek would be useless.
Yet, voluntary departure may be the only way some people can leave the U.S. and reenter legally. Because the ramifications of voluntary departure are so great, you are strongly advised to consult with a well qualified immigration attorney to recommend the best course of action with this or any other immigration matter.
