Voluntary Departure

When the Consequences of Failing to Depart Should and Should Not Apply

Published

Published: 
December 20, 2017

This Practice Advisory addresses when the voluntary departure period runs and the events that cause automatic termination of a voluntary departure order; the serious consequences that result from failing to depart; and when these consequences do not apply. The Advisory also analyzes important changes in the caselaw and outlines arguments for when the consequences for failing to depart pursuant to a voluntary departure order should not apply. The Appendix provides background about the eligibility requirements for voluntary departure.

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