8 C.F.R. § 240.25

Voluntary departure—authority of the Service

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(a) Authorized officers. The authority contained in section 240B(a) of the Act to permit aliens to depart voluntarily from the United States may be exercised in lieu of being subject to proceedings under section 240 of the Act by district directors, assistant district directors for investigations, assistant district directors for examinations, officers in charge, chief patrol agents, the Deputy Executive Associate Director for Enforcement and Removal Operations, the Director of the Office of Juvenile Affairs, service center directors, and assistant service center directors for examinations.

(b) Conditions. The Service may attach to the granting of voluntary departure any conditions it deems necessary to ensure the alien's timely departure from the United States, including the posting of a bond, continued detention pending departure, and removal under safeguards. The alien shall be required to present to the Service, for inspection and photocopying, his or her passport or other travel documentation sufficient to assure lawful entry into the country to which the alien is departing. The Service may hold the passport or documentation for sufficient time to investigate its authenticity. A voluntary departure order permitting an alien to depart voluntarily shall inform the alien of the penalties under section 240B(d) of the Act.

(c) Decision. The authorized officer, in his or her discretion, shall specify the period of time permitted for voluntary departure, and may grant extensions thereof, except that the total period allowed, including any extensions, shall not exceed 120 days. Every decision regarding voluntary departure shall be communicated in writing on Form I-210, Notice of Action—Voluntary Departure. Voluntary departure may not be granted unless the alien requests such voluntary departure and agrees to its terms and conditions.

(d) Application. Any alien who believes himself or herself to be eligible for voluntary departure under this section may apply therefor at any office of the Service. After the commencement of removal proceedings, the application may be communicated through the Service counsel. If the Service agrees to voluntary departure after proceedings have commenced, it may either:

(1) Join in a motion to terminate the proceedings, and if the proceedings are terminated, grant voluntary departure; or

(2) Join in a motion asking the immigration judge to permit voluntary departure in accordance with § 240.26.

(e) Appeals. An appeal shall not lie from a denial of an application for voluntary departure under this section, but the denial shall be without prejudice to the alien's right to apply to the immigration judge for voluntary departure in accordance with § 240.26 or for relief from removal under any provision of law.

(f) Revocation. If, subsequent to the granting of an application for voluntary departure under this section, it is ascertained that the application should not have been granted, that grant may be revoked without advance notice by any officer authorized to grant voluntary departure under § 240.25(a). Such revocation shall be communicated in writing, citing the statutory basis for revocation. No appeal shall lie from revocation.

[62 FR 10367, Mar. 6, 1997, as amended at 67 FR 39258, June 7, 2002; 81 FR 62355, Sept. 9, 2016]

Notes of Decisions

Cited in 36 cases (2 in the last 5 years), 1999–2026 · leading case: Arguelles, 22 I. & N. Dec. 811 (BIA 1999).

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Arguelles, 22 I. & N. Dec. 811 (BIA 1999). · cites it 13× “See 8 C.F.R. § 240.25 (1999). Alternatively, once removal proceedings have been initiated, an alien may apply for one of two types of voluntary departure with an Immigration Judge.”

Castro v. United States, 560 F.3d 381 (5th Cir. 2009). · cites it 4× “25 (b) which states that immigration officials "may attach to the granting of voluntary departure any conditions [they] deem[ ] necessary to ensure the alien's timely departure from the United States...." The Government contends that this is simply all the Agents did here.”

Francisco Garfias-Rodriguez v. Eric Holder, Jr., 702 F.3d 504 (9th Cir. 2012). · cites it 2× “” 8 C.F.R. § 240.25 (f) (emphasis added). This regulation provides no permission to revoke voluntary departure for a newly-arising condition which, if originally present, would have kept a non- citizen from receiving voluntary departure.”

Jose De Jesus Tapia v. Alberto R. Gonzales, Attorney Gen., 430 F.3d 997 (9th Cir. 2005). · cites it 2× “8 C.F.R. § 240.25 (c). Tapia entered into no such agreement.”

Celia Morales-Morales v. John Ashcroft, Attorney Gen. of the United States, 384 F.3d 418 (7th Cir. 2004). · cites it 3× “” See also 8 C.F.R. § 240.25 (detailing the scope of the government’s authority to grant voluntary departure).”

David Wachira Ngarurih v. John D. Ashcroft, Attorney Gen. of the United States, 371 F.3d 182 (4th Cir. 2004). “See 8 C.F.R. § 240.25 (c). Even if he requests the relief and obtains it, the alien may later reject it by overstaying the period specified for departure.”

Banda-Ortiz v. Gonzales, 445 F.3d 387 (5th Cir. 2006). · cites it 2× “” 8 C.F.R. § 240.25 (c). By requesting voluntary departure, an alien represents that he has the intent to leave the country within the specified time period.”

Martha Leticia Salvador-Calleros v. John Ashcroft, Attorney Gen., 389 F.3d 959 (9th Cir. 2004). · cites it 2× “Here, the period of time to be computed is the thirty-day voluntary departure period set by the BIA in its May 16, 2002 order, pursuant to 8 C.F.R. § 240.25 (authorizing the BIA to grant voluntary departure periods).”

Jose Juan Martinez Barroso v. Alberto R. Gonzales, Attorney Gen., 429 F.3d 1195 (9th Cir. 2005). “While, as we have already noted, the BIA’s regulations address how to calculate the due date for a motion to reconsider when the date falls on a weekend day, the only relevant Departments of Justice and Homeland Security regulations governing voluntary departure periods, 8…”

Granados-Oseguera v. Mukasey, 546 F.3d 1011 (9th Cir. 2008). “See 8 C.F.R. § 240.25 (c). 2 . The material that Oseguera submitted to modify the record proves the point.”

Antonio Reyes-Vasquez v. John Ashcroft, Attorney Gen. of the United States of Am., 395 F.3d 903 (8th Cir. 2005). “” 8 C.F.R. § 240.25 (2004). In addition, the Field Manual clarifies that: [i]t is most important that arresting officers understand and communicate to aliens being granted voluntary departure that failure to depart under the terms given will not only result in the alien being…”

Gabino Rodriguez-Labato v. Jefferson B. Sessions, III, 868 F.3d 690 (8th Cir. 2017). · cites it 7× “Id, § 1229c(d)(3); 8 C.F.R. § 240.25 (b). A decision regarding voluntary departure must be communicated on a Form 1-210 and may not be granted unless the alien requests the departure and agrees to its terms and conditions.”

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