8 CFR 1240.26 - Voluntary departure-authority of the Executive Office for Immigration Review

Cite as8 CFR 1240.26
    • This document is available in original version only for vLex customers

      View this document and try vLex for 7 days
    • TRY VLEX
289 practice notes
  • Immigration: Aliens; voluntary departure review,
    • United States
    • Federal Register November 30, 2007
    • November 27, 2007
    ...voluntarily, if certain conditions are met, within a total period not to exceed 120 days. INA 240B(a)(2)(A) (8 U.S.C. 1229c(a)(2)(A)); 8 CFR 1240.26(b). Among these conditions is an agreement by the alien not to file an appeal. 8 CFR 1240.26(b)(1)(D). At the conclusion of removal proceeding......
  • Centro Legal de la Raza v. Executive Office For Immigration Review, 031021 CANDC, 21-cv-00463-SI
    • United States
    • Federal Cases United States District Courts 9th Circuit United States District Courts. 9th Circuit. Northern District of California
    • March 10, 2021
    ...or reconsider on a grant of voluntary departure, as well as any additional terms “beyond those specifically enumerated.” 8 C.F.R. § 1240.26(c)(3). [20] 8 C.F.R. § 1003.0(c) (2021), titled “Limit on the authority of the Director, ” Except as provided by statute, regulatio......
  • Appellate Procedures and Decisional Finality in Immigration Proceedings; Administrative Closure
    • United States
    • Executive Office For Immigration Review
    • Invalid date
    ...is otherwise eligible. --------------------------------------------------------------------------- \3\ The Department also notes that 8 CFR 1240.26(k)(2) and (3) were duplicative in the NPRM and has further edited the provisions to remove the duplication since they apply to both types of vo......
  • 994 F.Supp.2d 1091 (S.D.Cal. 2013), 13-cr-1636-BTM, United States v. Vega-Ortiz
    • United States
    • Federal Cases United States District Courts 9th Circuit United States District Court (Southern District of California)
    • October 28, 2013
    ...was that Mr. Vega was ineligible for " pre-conclusion voluntary departure" under INA § 240B(a). See 8 U.S.C. § 1229c; 8 C.F.R. § 1240.26. Some four months after his deportation, Mr. Vega re-entered the United States, and the removal order was reinstated. (Opp'n, Ex. 7.) In April 2......
  • Request a trial to view additional results
283 cases
  • Centro Legal de la Raza v. Executive Office For Immigration Review, 031021 CANDC, 21-cv-00463-SI
    • United States
    • Federal Cases United States District Courts 9th Circuit United States District Courts. 9th Circuit. Northern District of California
    • March 10, 2021
    ...or reconsider on a grant of voluntary departure, as well as any additional terms “beyond those specifically enumerated.” 8 C.F.R. § 1240.26(c)(3). [20] 8 C.F.R. § 1003.0(c) (2021), titled “Limit on the authority of the Director, ” Except as provided by statute, regulatio......
  • 994 F.Supp.2d 1091 (S.D.Cal. 2013), 13-cr-1636-BTM, United States v. Vega-Ortiz
    • United States
    • Federal Cases United States District Courts 9th Circuit United States District Court (Southern District of California)
    • October 28, 2013
    ...was that Mr. Vega was ineligible for " pre-conclusion voluntary departure" under INA § 240B(a). See 8 U.S.C. § 1229c; 8 C.F.R. § 1240.26. Some four months after his deportation, Mr. Vega re-entered the United States, and the removal order was reinstated. (Opp'n, Ex. 7.) In April 2......
  • United States v. Maldonado, 071714 CASDC, 14-CR-1232-L
    • United States
    • Federal Cases United States District Courts 9th Circuit United States District Court (Southern District of California)
    • July 17, 2014
    ...v. Holder to distinguish a grant of voluntary departure from an order of removal. 702 F.3d 504, 524 (9th Cir. 2012) (quoting 8 C.F.R. § 1240.26.) ("an alien granted the privilege of voluntary departure... will not be deemed to have departed under an order of removal if the alien depart......
  • 33 F.Supp.3d 1178 (S.D.Cal. 2014), 14-CR-1232-L, United States v. Maldonado
    • United States
    • Federal Cases United States District Courts 9th Circuit United States District Court (Southern District of California)
    • July 18, 2014
    ...v. Holder to distinguish a grant of voluntary departure from an order of removal. 702 F.3d 504, 524 (9th Cir. 2012) (quoting 8 C.F.R. § 1240.26.) (" 'an alien granted the privilege of voluntary departure ... will not be deemed to have departed under an order of removal if the alien dep......
  • Request a trial to view additional results
6 provisions
  • Immigration: Aliens; voluntary departure review,
    • United States
    • Federal Register November 30, 2007
    • November 27, 2007
    ...voluntarily, if certain conditions are met, within a total period not to exceed 120 days. INA 240B(a)(2)(A) (8 U.S.C. 1229c(a)(2)(A)); 8 CFR 1240.26(b). Among these conditions is an agreement by the alien not to file an appeal. 8 CFR 1240.26(b)(1)(D). At the conclusion of removal proceeding......
  • Appellate Procedures and Decisional Finality in Immigration Proceedings; Administrative Closure
    • United States
    • Executive Office For Immigration Review
    • Invalid date
    ...is otherwise eligible. --------------------------------------------------------------------------- \3\ The Department also notes that 8 CFR 1240.26(k)(2) and (3) were duplicative in the NPRM and has further edited the provisions to remove the duplication since they apply to both types of vo......
  • Procedures and Standards for Declining Surety Immigration Bonds and Administrative Appeal Requirement for Breaches
    • United States
    • Federal Register June 05, 2018
    • June 5, 2018
    ...Immigration bonds also may be posted to, for instance, secure the timely voluntary departure of an alien from the United States, 8 CFR 1240.26(b)(3)(i), (c)(3)(1), or to secure compliance with an order of supervision, 8 CFR 241.5(b). See also INA sec. 103(a)(3), 8 U.S.C. 1103(a)(3) (authori......
  • Volunteer Departure: Effect of a Motion to Reopen or Reconsider or a Petition for Review
    • United States
    • Federal Register December 18, 2008
    • December 12, 2008
    ...has been reopened for another purpose if reopening was granted prior to the expiration of the original period of voluntary departure. 8 CFR 1240.26(f), As the Supreme Court recognized in Dada, there is no statutory authority for tolling. Id. at 2311, 2319; see also section 240B(b)(2) of the......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT