what is pre conclusion voluntary departure

• Table of Contents
• Preface & Acknowledgements
• Acronyms & Abbreviations
• 1. A Brief History
• 2. Sources of Law
• 3. Elements of Asylum Law
• 4. Precedential LGBTQ/H Asylum Cases
• 5. The One-Year Filing Deadline
• 6. Withholding of Removal
• 7. Relief Under CAT

8. Voluntary Departure

• 9. Real ID Act
• 10. Safe Third Country
• 11. Challenging Asylum Cases
• 12. Working with Asylum Seekers
• 13. Working with LGBTQ/H Asylum Seekers
• 14. Elements of an Application
• 15. Preparing the I-589
• 16. Sample I-589
• 17. Preparing the Asylum Declaration
• 18. Declaration Dos and Don’ts
• 19. Annotated Sample Declaration
• 20. Corroborating Client-Specific Documents
• 21. Corroborating Country Conditions
• 22. Indexed Country Conditions Sample
• 23. Sample Cover Letter
• 24. Assembling Everything
• 25. Affirmative Application Process
• 26. Immigration Court Proceedings
• 27. Board of Immigration Appeals
• 28. Federal Court Review
• 29. Detained Asylum Seekers
• 30. Obtaining an Employment Authorization Document
• 31. Asylee Status
• 32. Withholding Status
• 33. CAT Status
• Important Resources

The information contained herein is for reference only and may not be up to date. It does not constitute legal advice. You should always consult an attorney regarding your matter.

Voluntary departure permits an individual who is otherwise removable to depart from the country at their own expense within a designated amount of time, in order to avoid a final order of removal.  1  However, voluntary departure is not available in all cases.  2

Voluntary departure is preferable to a removal order for a number of reasons. If an individual is issued a removal order, they may be barred from reentering the United States for up to ten years and may be subject to civil and criminal penalties if they enter without proper authorization. If the individual voluntarily departs within the time ordered by the court, they will not be barred from legally reentering in the future.  3  In addition, an individual with a removal order is barred from applying for ten years for cancellation of removal, adjustment of status and other immigration benefits.

An individual may apply for voluntary departure either prior to the Master Calendar Hearing (MCH) or at the conclusion of proceedings, provided that the individual meets the necessary requirements.  See  Sections #8.1 and #8.2 below.

There are significant penalties for failing to depart under a voluntary departure order, however. If the attorney determines from discussions with the applicant that under no circumstances other than physical removal by the U.S. government do they plan to leave the United States, the attorney should not necessarily automatically seek voluntary departure.

8.1 Voluntary Departure – Before the Conclusion of the Hearing

If the application for voluntary departure is prior to or at the MCH, the individual must meet the following requirements:

• Waives or withdraws all other requests for relief;
• Concedes removability;
• Waives appeal of all issues;
• Has not been convicted of an aggravated felony and is not a security risk; and
• Shows clear and convincing evidence that they intend and have the financial ability to depart.

If the individual is able to meet these requirements, then the Immigration Judge (IJ) may grant a voluntary departure period of up to 120 days at the time of the MCH.  4  The IJ may not grant voluntary departure under 8 C.F.R. § 1240.26(b)(E)(ii) beyond 30 days after the MCH at which the case is initially scheduled, except pursuant to a stipulation.

8.2 Voluntary Departure – After the Conclusion of the Hearing

An individual may also apply for voluntary departure after the conclusion of proceedings, provided that the individual meets the following requirements:

• Shows physical presence for one year prior to the date the Notice to Appear is issued;
• Shows clear and convincing evidence that she intends and has the financial ability to depart;
• Pays a bond (of at least $500) if the IJ so requires;
• Shows good moral character for five years prior to the application; and
• Presents to the DHS a valid passport or other travel document sufficient to show lawful entry into her country, unless such document is already in the possession of the DHS or is not needed in order to return to her country.

If the applicant establishes these requirements, the Immigration Judge may grant voluntary departure for a period of up to 60 days.  5

This Manual is intended to provide information to attorneys and accredited representatives. It is not intended as legal advice. Asylum seekers should speak with qualified attorneys before applying.

• INA §240B. 
• INA §240B(c). 
• As a practical matter, however, obtaining a visa to re-enter the United States after an applicant has evidenced an intent to remain the United States permanently by applying for asylum may be impossible especially if she does not have any recognized family relationships in the United States. 
• See  INA §240B(a); 8 C.F.R. §240.25. 
• See  INA §240B(b); 8 C.F.R. §240.11(b). 

This handbook is intended for use by pro bono attorneys and immigration attorneys working on LGBTQ/HIV asylum cases.

Self-help asylum guides for LGBTQ and HIV-positive people without attorneys.

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Voluntary Departure

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Voluntary departure: types and benefits, author: new york immigration attorney alena shautsova.

Voluntary departure is a form of relief from removal. Once the Immigration court proceedings began, one cannot simply leave the US without risking having an order of removal in absentia. At times, voluntary departure is the only option. Sometimes, you choose it strategically: not to have an order of deportation against you and apply for an immigrant visa with a waiver from your home country. At times, it is possible to avoid the need for an unlawful presence waiver, if voluntary departure is chosen at the right time. Some persons will not qualify for it: for example, those who have an aggravated felony conviction; you are an arriving alien; you entered the US on a visa waiver program; you had VD previously.

One can distinguish two kinds of VD: pre-conclusion and post-conclusion. The pre-conclusion VD may allow you up to 120 days to depart; the post-conclusion: only 60:

The Attorney General may permit an alien voluntarily to depart the United States at the alien's own expense if, at the conclusion of a proceeding under section 1229a of this title, the immigration judge enters an order granting voluntary departure in lieu of removal and finds that- (A) the alien has been physically present in the United States for a period of at least one year immediately preceding the date the notice to appear was served under section 1229(a) of this title; (B) the alien is and has been, a person of good moral character for at least 5 years immediately preceding the alien's application for voluntary departure; (C) the alien is not deportable under section 1227(a)(2)(A)(iii) or section 1227(a)(4) of this title; and (D) the alien has established by clear and convincing evidence that the alien has the means to depart the United States and intends to do so. (2) Period Permission to depart voluntarily under this subsection shall not be valid for a period exceeding 60 days.

The key here, however, is to depart. If one fails to depart as scheduled, he/she will face a 10-year bar to apply for adjustment of status, change of status, cancellation of removal, and registry. In addition, the law provides for civil penalties for those who fail to depart up to $5000.

Further, a person who applies for pre-conclusion VD gives up his/her appeal rights. See Matier of Ocampo, 22 I&N Dec. at l 304- I 305 (stating that, in cases involving pre-conclusion voluntary departure, the record must clearly establish that right to appeal was actually and not merely constructively waived by the alien); see also section 240(c)(5) of the Immigration and Nationality Act, 8 U.S.C. § 1229a(c)(5) (stating that, if an Immigration Judge orders an alien removed, the Immigration Judge "shall inform the alien of the right to appeal that decision").

If a respondent files a motion to reopen or reconsider during his or her voluntary departure period, the filing automatically terminates the voluntary departure order and the alternate removal order takes effect. Immigration judges and the BIA may not toll, stay, or reinstate voluntary departure, except as allowed under 8 C.F.R. § 1240.26(h). The regulation permits an immigration judge or the BIA to reinstate voluntary departure in cases where respondents successfully reopen their cases “prior to the expiration of the original period of voluntary departure.” If a person overstays the VD order, it turns into an order of removal as well. Violence Against Women Act self-petitioners who overstay a period of the voluntary departure remains eligible for cancellation of removal and adjustment of status if the extreme cruelty or battery was at least one central reason for the overstay.

Dealing with VD issues may be complicated, especially if one failed to obey and leave the US after the grant of VD. If you need help with such questions, please call for an appointment 917-885-2261.

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Voluntary departure

• Post author: Lluis Law
• Post published: March 3, 2024
• Post category: Immigration

Compared to deportation, voluntary departure allows you to leave the United States with fewer negative repercussions. Although not always available, this immigration relief can be useful for those who are in the country illegally.

Either way, if you find yourself in deportation proceedings, our  immigration lawyers specializing in deportations  will be able to help you. With more than 50 years of combined experience, our professionals will fight for you. Call us today, as time is a determining factor when it comes to removal proceedings.

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Table of Contents

What Is Voluntary Departure From The United States?

Voluntary departure is basically that, voluntarily leaving the United States using your own money. In general, this immigration resource is usually used by foreigners when the U. S. Department of Homeland Security ( DHS ) wants to remove them.

Although voluntary departure makes it possible for a foreign national to leave the United States on a pre-established date, failure to do so could have consequences. For example, fines and/or deportation. However, the main advantage of leaving voluntarily is that you will not be bared from returning to the United States again.

Despite this immigration relief existing, not everyone meets the requirements to request it. Therefore, we invite all immigrants to avoid unlawful presence in the U. S, as they could affect their eligibility to legalize later. 

What Benefits Does A Voluntary Departure From The United States Have?

One of the greatest benefits of voluntary departure in the United States is that there is no record of deportation in your background. This opens the possibility for an undocumented immigrant to request legal return to the country in the future.

Other advantages include:

• Possibility of legally returning to the U. S,
• Be eligible to apply for a visa in the future,
• Be able to receive a petition for lawful permanent residence from a family member. For example, a  petition from citizen children to parents .

If you are looking for more information about the latter, you can consult our family-based immigration petition blogs, where we answer topics such as: 

• “ How long does it take to bring my spouse to the USA ”.
• “ Bringing siblings to live to the United States as permanent residents “.
• “ Can a U. S. citizen sponsor a child over 21 ”.

Disadvantages Of Voluntary Departure

On the other hand, the disadvantage is that, by choosing voluntary departure, you must give up the right to:

• Appeal, or 
• File any kind of legal appeal against the departure order. 

If that were not enough, you may be required to pay certain  immigration bail bonds  and meet other specific criteria. This will be especially true if you wait until the end of the deportation process and request voluntary departure. 

Our  Los Angeles immigration lawyers  can work with government authorities to determine if you meet these requirements. 

If you are about to appeal an immigration case, we invite you to our blog: “ Immigration appeal process ” so that you know this topic in detail.

How Apply for Voluntary Departure From The United States?

There is no specific form to apply for voluntary departure, but you must inform the judge of your desire to do so. It is essential to seek legal advice during this process, since voluntary departure requires the collection of various documents, such as:

• Letters of support from family, friends, employers and so on. Such letters must confirm your good civic conduct (with English translations and translation certificates). 
• Proof of relationship to U. S. citizens or lawful permanent residents. For example, birth certificates, copies of residency cards, and marriage certificates.
• Certificates of completed classes.
• Evidence of family support.
• Employment documentation.
• Utility bills.
• Bank statements, and 
• Proof that you have sufficient resources for your departure. 

Additionally, they may also require copies of your passport or travel documents. It should be noted that if approved, you may also have to pay the deposit.

How Long Does Voluntary Departure From The United States Take?

Often, when approving the application to leave voluntarily, the judge will specify a time period between 60 to 120 days to leave the U. S. If you do not do so, you will face serious immigration consequences.

Note :  8 US Code § 1229c  states that permission to leave voluntarily will only be valid for up to 120 days.

Requirements To apply for A Voluntary Departure From The United States

Voluntary departure will be available once the following criteria have been met:

• Be physically present in the United States for at least one year before receiving the Notice to Appear.
• For at least 5 years prior to requesting voluntary departure, you had good moral character. This is according to  8 CFR § 316.10 .
• Not be deportable due to a serious crime or terrorism.
• Establish clearly and convincingly the ability to leave the country on your own. Also, having the intention to do it.
• Have the financial ability to post bail in an amount determined by an immigration judge. This will be within 5 days of order.

Who Does Not Qualify For Voluntary Departure?

You are not eligible for voluntary departure if you:

• Have been convicted of an aggravated crime, or 
• Are considered deportable for national security reasons under  42 US Code § 234 .

What Is Considered An Aggravated Crime?

Many crimes, including misdemeanors, can be considered aggravated under immigration laws. This is regardless of your classification in the state criminal system. 

Likewise, eligibility for voluntary departure may be affected if crimes considered aggravating have been committed. These are listed in section 101(a)(43) of the Immigration and Nationality Act. Some of those considered aggravated crimes include:

• Crimes related to drug trafficking, weapons trafficking or explosive devices.
• Violent crimes. 
• Document fraud.
• Obstruction of justice.
• Bribery of witnesses.
• Commercial bribery.
• Falsification.
• Stolen vehicle trafficking.
• Crimes related to gambling.
• Rape, sexual abuse of a minor, crime of migrant smuggling, fraud or tax evasion.
• Money laundering.

Types Of Voluntary Departure From The United States

There are 3 types of voluntary departures from the U. S, these are:

• Voluntary departure prior to the hearing:  This is done on a discretionary basis where the judge grants it to the national foreigners if they meet certain criteria. For example, they requested voluntary departure before or during the master calendar hearing or did not request any other immigration relief.
• Voluntary departure by stipulation:  This will only be available before the final hearing is completed if the alien and DHS agree. Pursuant to  8 CFR § 1240.26 , the parties may agree to a period of up to 120 days. 
• Voluntary Post-Conclusion Departure:  Only available at the conclusion of the deportation hearing. In addition, the foreigner must meet all the necessary requirements for such a permit. 

What Is The Difference Between A Deportation And A Voluntary Departure?

• Voluntary departure is a personal choice, while deportation is a legal action.
• Voluntary departure offers an option to avoid legal and criminal consequences, although other immigration restrictions may apply. In contrast, with deportation, the individual may face difficulties obtaining visas or entry permits to the United States.
• Upon deportation, the immigrant will automatically be barred from returning to the U. S. temporarily or permanently. However, leaving voluntarily will not automatically impose this.
• Deportation is generally subject to legal deadlines and often involves detention, while voluntary departure is more flexible. 

These processes are different in the immigration context, since one avoids legal and criminal consequences. On the other hand, the other part leads to certain sanctions and punishments imposed by laws. 

When To Request Voluntary Departure From The United States?

You may request voluntary departure either before or at the conclusion of the master calendar hearing. But to do so, you must have met the necessary requirements. These are the following:

Before Concluding The Hearing

• Waive or withdraw any application for immigration relief.
• Agree to be removed.
• You waive to appeal the immigration case.
• You have not been convicted of any serious crime nor does he represent a risk to American security.
• You can proove that you have the financial capacity to leave the country.

After The Hearing

• Evidence your physical presence for one year before the notice of appearance is issued.
• Pay the immigration bond.
• Demonstrate that you had good moral character for 5 years prior to applying.
• Demonstrate that you have sufficient funds to leave the country.
• Provide your current passport or other travel document to DHS (if applicable).

Ways You Can Automatically Terminate An Order To Voluntarily Depart The United States

There are three circumstances in which a voluntary departure order can terminate automatically:

• If you request a review of the decision by the judge and leave the country. This must be done within 30 days of applying and showing evidence of your departure. This is generally considered voluntary departure rather than repatriation.
• If you decide to reopen your case and the deadline to leave the country is not paused or extended after the exit order is granted.
• You do not post the deposit. However, a repatriation order can be changed to a voluntary departure order if you leave the country within 25 days. But to do this, you must agree to stay out and provide evidence of your departure.

What Is Form I-94?

Form I-94  is a record of arrival and departure for foreigners in the United States. Such form demonstrates legal entry and authorized duration of stay. 

Additionally, it is essential to retain your I-94, as losing it can have serious consequences. Fortunately, a copy can be obtained through the DHS website using  Form I-102 . 

It should be noted that staying in the country after the I-94 expiration date is considered illegal. As a result, you may become inadmissible or have difficulty obtaining any of the different  types of American visas .

What Are The Consequences Of Leaving The United States With Voluntary Departure?

Next, we are going to provide answers to several consequences of leaving the U. S. through this method:

Leaving Voluntarily After Living In The United States Without Immigration Status For More Than 180 Days But Less Than A Year

• You will not be able to return to the United States for 3 years.
• It is necessary to have stayed within the country continuously for more than 180 days (6 months), but less than a year.
• Your departure must occur before you receive a Notice to Appear.

You can request an exception. However, you must demonstrate that a citizen or awful permanent resident immediate relative would suffer “extreme hardship” if prevented from returning within 3 years. Learn more about the  types of immigration waivers  on our blog.

Leaving Voluntarily After Living In The United States Without Immigration Status For A Year Or More

• You will not be able to return to the United States for 10 years.
• This departure may occur before or during removal procedures.
• You must have lived continuously in the United States for one year or more.
• However, you may qualify for the “extreme hardship” exemption explained above.

Illegally Reentering The United States After Requesting Voluntary Departure

• You could face 1 to 20 years in prison (depending on your criminal record). Additionally, you could be bared from entering the United States for 10 years unless DHS grants you approval to re-enter.
• You may also receive a 2-year penalty plus a $1,000 fine.

Not leaving Before The Established Date

• The grant of voluntary departure will become an order of removal (deportation).
• You could be fined $1,000 to $5,000.
• You will not be able  to obtain a Green Card  or American residency through family-based immigration petition  for 10 years.

Frequently Asked Questions About Voluntary Departure From The United States

If you do not leave the country under the terms of voluntary departure, then you will face significant consequences. This option will become a formal deportation order, executed by an immigration judge, carrying a 10-year re-entry ban. Find out what else can happen to you in: “ What happens if you overstay your US visa .”

Immigrants who plan to leave the country must demonstrate that they can do so on their own. Therefore, they are sometimes required to make a payment of at least $500 as part of the voluntary departure application. 

No. Opting for voluntary departure is an alternative to deportation, allowing foreigners to leave voluntarily within a set period. That said, voluntary departure can be used if you are about to be deported, and if applicable.

Yes, you may apply for a visa to legally enter the United States after completing the applicable waiting period.

Immigration Lawyers In Los Angeles Specializing In Voluntary Departure From The United States

Voluntary departure is a complex and time-sensitive process. Therefore, it is essential to understand the requirements and the possible consequences of not meeting them.

That being said, consider consulting with a top-rated immigration attorney like ours. This will be to secure your rights and improve your chance of success. 

The attorneys at Lluis Law in California can provide you with helpful advice, answer your questions, and help you navigate the process. They will also help ensure that your application is submitted correctly. Contact Lluis Law today to discuss your options.

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Voluntary Departure as a Legal Alternative to Deportation

If you are a non-U.S. citizen who has been apprehended by the immigration authorities and is facing removal proceedings, it may be in your best interest to voluntarily leave the U.S. instead of waiting to be deported. Voluntary departure can have fewer negative consequences for your future immigration choices. This is because if you ask a judge to leave the country on your own, you will not have an order of deportation on your immigration record. Voluntary departure allows an individual to leave the United Stated by a certain date.

Voluntary departure = permission to leave the U.S. on one’s own by a certain date instead of being deported

The main benefit of voluntary departure is that you are not automatically barred from legally retuning to the United States at some other time. Although it is important to note that even compliance with a voluntary departure order does not mean you will not be found inadmissible and denied a visa in the future, you do avoid the automatic bar against entry into the United States. Whether you are ultimately admitted into the U.S. will depend on the facts of your specific case.

Individuals who are being deported from the U.S. must leave the country within 30 days, whereas a grant of voluntary departure typically has a deadline of either 60 or 120 days. This allows the individuals to tie up loose ends in the U.S., such as close bank accounts, terminate leases, sell property, and say goodbye to family and friends. This also permits them to make living arrangements outside the United States. Among the most beneficial aspects of voluntary departure is the dignity of leaving largely on your own terms and avoiding the stigma of deportation.

There are different stages in your case at which you can request a voluntary departure. However, asking earlier is better because the requirements become more stringent as the case progresses. Voluntary departure is not always an option for everyone. For example, if the Department of Homeland Security (DHS) has charged you with an aggravated felony, and the Immigration Judge believes that charge is correct, you cannot voluntarily depart the United States.

A non-citizen who fails to leave the U.S. by the date specified for their voluntary departure will be subject to fines, a 10-year bar to several forms of relief from deportation, and a removal order.

If you fail to depart the country within the granted time, you will face a fine as well as a 10-year bar to several forms of relief from deportation. These include being granted cancellation of removal, adjustment of status, change of status, and further voluntary departure.

If a non-citizen fails to voluntary leave the United States upon receiving permission to do so, his or her voluntary departure order automatically becomes an order of removal. This means that you will be subject to involuntary removal from the U.S. If you leave past the date that you were supposed to leave under the voluntary departure order, your departure is considered a self-removal, meaning that you will be considered to have been deported. Thus, an individual should not seek voluntary departure if he or she cannot leave within the deadline set by the Immigration Judge, since failure to depart within that time frame can result in severe negative consequences for that individual. If you are uncertain whether this option is right for you, it is worth taking the time to discuss it with a skilled immigration attorney.

Last reviewed October 2023

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8 CFR § 240.25 - Voluntary departure—authority of the Service.

(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.

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United States v. Ramirez, No. 18-3363 (8th Cir. 2020)

The Eighth Circuit affirmed defendant's conviction for illegal reentry after removal. Defendant makes a collateral attack on his 2008 removal, arguing that failure to provide him a Spanish interpretation of his Notice of Intent deprived him of the ability to challenge the government's decision to classify him as an aggravated felon, and thus depriving him of the opportunity to seek voluntary departure. The court held that, assuming that defendant was not an aggravated felon, he was not reasonably likely to have received preconclusion voluntary departure at the time of his removal in 2008. Therefore, defendant cannot show prejudice as required by 8 U.S.C. 1326(d)(3), and the district court properly denied his motion to dismiss the indictment. In this case, defendant failed to present compelling positive equities, like close relatives who are United States citizens or legal permanent residents, and defendant failed to reference a single case where an alien convicted of a felony sexual offense has received pre-conclusion voluntary departure. In light of defendant's serious and recent felony convictions and the lack of a sufficiently compelling counter-balancing factor at the time of his removal, the court concluded that it is not reasonably likely that he would have received pre-conclusion voluntary departure.

Court Description: [Kobes, Author, with Loken and Colloton, Circuit Judges] Criminal case - Criminal law. The district court did not err in denying defendant's motion to dismiss his indictment for illegal reentry after removal; the motion was based on a collateral attack on his 2008 removal and a claim that failure to provide him a Spanish interpretation of his Notice of Intent deprived him of the ability to challenge the government's decision to classify him as an aggravated felon, thereby depriving him of the opportunity to seek voluntary departure; the district court did not err in concluding that defendant had failed to show prejudice under 8 U.S.C. Section 1326(d)(3); considering defendant's serious and recent felony convictions and the lack of a sufficient compelling counter-balancing factor at the time, the court concludes it is not reasonably likely that he would have received pre-conclusion voluntary departure from the agency.

Defendant cannot show prejudice as required by 8 U.S.C. 1326(d)(3), and the district court properly denied his motion to dismiss the indictment.

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Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

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