New Rule: Effect of Motion to Reopen, Reconsider or Petition for Review on Voluntary Departure

The Department of Justice has amended the Code of Federal Regulations (CFR) regarding voluntary departure. Begining January 20, 2009, a grant of voluntary departure is automatically withdrawn upon the filing of a motion to reopen or reconsider with an Immigration Judge or the Board of Immigration Appeals (BIA) or a petition for review in a federal court of appeals.

There is alarming langauge in the regulations:

"If the alien files a post-decision motion to reopen or reconsider during the period allowed for voluntary departure, the grant of voluntary departure shall be terminated automatically, and the alternate order of removal will take effect immediately."

Further:

"The alien shall be required to post a voluntary departure bond, in an amount necessary to ensure that the alien departs within the time specified, but in no case less than $500."

Now, the filing of certain pleadings carries a greater punishment and further, even Voluntary Departure now requires a minimum $500 bond to be paid within 5 days at the Detention and Removal Office (DRO). Many foreign nationals have a fear of DRO offices as they are the division that detains and removes aliens. The new regulations allow the DRO to take an individual into custody. Further, at the hearing: " the ICE Field Office Director may, at his or her discretion, hold the alien in custody until the bond is posted."

I wonder if the old adage 'it will get worse before it gets better' applies. For the full regulatory changes can be found in the Federal Register, Vol. 73, No. 244, pp 76927-76938.

Ricky Malik, Esq.
www.rmlegal.com
Greencard@mail.com