PHAM & CLOVES, PLLC

New Rule of Voluntary Departure & Appeals

As of January 20, 2009, the new Final Order, issued by the Executive Office of Immigration Review (EOIR), will come into effect.  The new rule will make it much more complicated for individuals who were granted voluntary departure to appeal the immigration’s judge’s decisions, as well as to file for a Motion to Reopen or a Motion for a Motion to Reconsider.  The followings are some of the changes in which the new rule affects foreign nationals who will be granted voluntary departure at the conclusion of the removal procedure.

• Upon filing for a Motion to Reopen or Motion to Reconsider, either with the immigration court or the Board of Immigration Appeals (BIA), voluntary departure shall be terminated.  That is, the foreign national who were granted voluntary departure will no longer enjoys the benefit under voluntary departure.  Some of those benefits may be ability to reenter the U.S. based on some other legal qualifications, such as an I-130 immigrant petition for an alien relative or an I-140 immigrant petition by an employer.
• The filing of a petition for review would also terminate the voluntary departure, and the person would have deemed to be removed from the U.S., just as in a Motion to Reopen or a Motion to Reconsider.
• The Immigration Court is required to provide notice to the foreign national of the voluntary departure bond, should the person decide to appeal the decision.
• The individual must first show proof of the voluntary departure bond upon appeal.

The effect of the new order is that any foreign national who were granted voluntary departure and subsequently appeal the immigration court’s decision would be considered to have been ordered to be removed from the U.S.  At the same time, it curtails the alien’s the ability to obtain a fair and balance review or appeal.  The rule is harsh and undermines the judicial system of the U.S. in which one is afford the ability to obtain a second review of their application and qualifications. 

Should you and your family are in a removal proceeding and requires the assistance of a competent Houston Immigration Lawyer, please contact the Houston Deportation Defense Attorneys and the North Houston Removal Defense Lawyers at Veritas Legal Group.  Please visit our law firm’s website and fill out a contact form or call us at 832-484-9015.