Plain-English summary
Court rules voluntary-departure deadline that falls on weekend or holiday extends to next business day
The Court held that under 8 U.S.C. §1229c(b)(2) a noncitizen’s voluntary-departure deadline that falls on a weekend or legal holiday is extended to the next business day. The decision reverses the Tenth Circuit and remands the case for further proceedings.
Why this matters
The decision affects how departure dates are calculated for noncitizens given voluntary departure and prevents automatic penalties for failing to leave on a weekend or holiday. It provides a bright-line rule reducing uncertainty about when the voluntary-departure period actually ends, and it may change who is subject to fines and other consequences for failing to depart on time.
Who may feel it
- Noncitizens placed in removal proceedings who receive voluntary departure
- Immigration judges and Department of Homeland Security officers who set or enforce departure dates
- Immigration attorneys representing clients facing voluntary departure
- Courts reviewing challenges about departure deadlines and related penalties
Key questions