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

Cite as8 CFR 1240.26
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323 practice notes
  • Immigration: Aliens; voluntary departure review,
    • United States
    • Federal Register November 30, 2007
    • November 30, 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 At the conclusion of removal proceedings, additional cond......
  • 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......
  • Expansion of Provisional Unlawful Presence Waivers of Inadmissibility
    • United States
    • Federal Register July 29, 2016
    • July 29, 2016
    ...voluntary departure while in removal proceedings, the immigration judge is required by law to enter an alternate order of removal. See 8 CFR 1240.26(d). DHS cannot execute the alternate order of removal during the voluntary departure period because such an order is not yet in effect. But if......
  • Castaneda-Castillo v. Gonzales, No. 05-2384.
    • United States
    • U.S. Court of Appeals — First Circuit
    • September 29, 2006
    ...that time as may be granted by the Department of Homeland Security (DHS). See Section 240B(b) of the Immigration and Nationality Act; 8 C.F.R. §§ 1240.26(c), (f). In the event the respondents fail to so depart, the respondents shall be remove as provided in the Immigration Judge's NOTICE: I......
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317 cases
  • Castaneda-Castillo v. Gonzales, No. 05-2384.
    • United States
    • U.S. Court of Appeals — First Circuit
    • September 29, 2006
    ...that time as may be granted by the Department of Homeland Security (DHS). See Section 240B(b) of the Immigration and Nationality Act; 8 C.F.R. §§ 1240.26(c), (f). In the event the respondents fail to so depart, the respondents shall be remove as provided in the Immigration Judge's NOTICE: I......
  • Texas v. United States, Civil Action No. 6:21-cv-00003
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Southern District of Texas
    • February 23, 2021
    ...the individual "is not deportable under section 1227(a)(2)(A)(iii) or section 1227(a)(4)(B) of this title." 8 U.S.C. § 1229c(a)(1); 8 C.F.R. § 1240.26(b)(1)(i)(A) (providing authority to the immigration judge to grant voluntary departure to an alien who, among other things, makes a request ......
  • In re M-D-C-V, Interim Decision #3989
    • United States
    • U.S. DOJ Board of Immigration Appeals
    • July 14, 2020
    ...Dec. 89, 92 (BIA 2009). However, there is no indication that the respondent would have been eligible for either form of relief. See 8 C.F.R. §§ 1240.26(b)(1), 1245(a)(1)(ii) (2020). In sum, the respondent received a full and fair hearing before the Immigration Judge and was able to apply fo......
  • Oliva–Ramos v. Attorney Gen. of United States, No. 10–3849.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • September 13, 2012
    ...and the alternate order of removal immediately took effect. Sandie v. Att'y Gen., 562 F.3d 246, 255 n. 5 (3d Cir.2009) (citing 8 C.F.R. § 1240.26(f)). 3. The IJ noted that although Oliva–Ramos submitted affidavits from Clara, Marvin, and Wagner, those family members were “not present in cou......
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