Voluntary Departure: Effect of a Motion To Reopen or Reconsider or a Petition for Review

Status: In force. The effective date has passed and nothing here records a change to that.

From the published effective date. Nothing here records a court changing it.

• Document number: E8-30025
• Type: Final Rule
• Published: December 18, 2008
• Effective: January 20, 2009
• Agency: Justice Department; Executive Office for Immigration Review

Official abstract

The Department of Justice is publishing this final rule to amend the regulations regarding voluntary departure. This rule adopts, without substantial change, the proposed rule under which a grant of voluntary departure is automatically withdrawn upon the filing of a motion to reopen or reconsider with the immigration judge or the Board of Immigration Appeals (Board) or a petition for review in a federal court of appeals. This final rule adopts, with some modification, the proposed rule under which an immigration judge will set a presumptive civil monetary penalty of $3,000 if the alien fails to depart within the time allowed. However, this rule adopts only in part the proposals to amend the provisions relating to the voluntary departure bond. Finally, this rule adopts the notice advisals in the proposed rule and incorporates additional notice requirements in light of public comments.

Primary source

Read the full text on the Federal Register

This page is a structured index entry, not a substitute for reading the rule. This is not legal advice.

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Data updated October 2, 2026