Maryland Criminal & Immigration Lawyer Blog
Anyone who files their federal income tax return on the last available day understands that being “on time” in that context means different things in different years, depending on what day of the week April 15th falls on. Some immigrants may face similar concerns when it comes to filing certain motions with the federal courts. What is the deadline day? What happens if my deadline day falls on a weekend or a federal holiday? When you find yourself in need of answers to questions like these (and more), you should talk to a knowledgeable Maryland immigration lawyer.
The U.S. Supreme Court recently addressed this question about deadlines within 8 USC Section 1229c, a federal statute that covers the process of “voluntary departure.” Section 1229c allows an immigrant “of good moral character” to leave the U.S. voluntarily — either instead of facing a deportation proceeding or before the government completes proceedings. Permission to depart voluntarily is valid for, at most, 60 days, according to the statute.
This deadline mattered a great deal in the deportation case of H.M.V. The immigrant argued unsuccessfully that he would face torture if he returned to his native Mexico. The judge who heard the immigrant’s case decided the man was eligible for voluntary removal and gave him 60 days to leave the country.
The judge entered that order on October 12th, 2021, meaning that the 60-day window expired on December 11th, 2021, which fell on a Saturday. The following Monday, December 13th, the man filed court papers seeking cancellation of his deportation based on previously unavailable evidence.
The Board of Immigration Appeals ruled that the man’s motion was too late, filed 62 days after the court opened the 60-day voluntary departure window. The 10th Circuit Court of Appeals agreed with the board and concluded that the man’s motion came too late. However, in 2012, the 9th Circuit court reached the opposite conclusion on a case that involved almost identical facts. (In both cases, the board granted the immigrant a 60-day voluntary departure window. In both cases, the 60th day fell on a Saturday and, in both matters, the immigrant filed a motion to reopen his removal case the following Monday.)
The Supreme Court concluded that the 9th Circuit court got it right, rejecting the 10th Circuit court’s approach that said that “days” in Section 1229c strictly meant calendar days and allowed no extension when the final day fell on a weekend or holiday. The Supreme Court’s majority said that “when it comes to many other deadlines in immigration law, if the final day permitted for taking an action falls on a weekend or legal holiday, the deadline rolls over to the next business day.” The court also noted that, among the regulations that govern the Department of Homeland Security, the one defining a “day” said that “when computing the period of time for taking any action provided in this chapter including the taking of an appeal, shall include Saturdays, Sundays, and legal holidays, except that when the last day of the period computed falls on a Saturday, Sunday, or a legal holiday, the period shall run until the end of the next day which is not a Saturday, Sunday, or a legal holiday.”
The deadline erected in Section 1229c operated similarly, according to the court, which meant that H.M.V. had until December 13th to timely file his motion, which is precisely what he did.
The case of this Mexican immigrant illustrates just how much details matter in immigration law. To ensure you do not lose opportunities to stay in the U.S., you need an in-depth, thorough, and up-to-date knowledge of the law in all its subtleties, details, and nuances… a depth almost no lay person has. That is why proper legal counsel is crucial. To protect you and your rights, look to the Maryland deportation defense attorneys at Anthony A. Fatemi, LLC. Whatever steps you need to take, we have the knowledge and experience to help. Contact us today at 301-519-2801 or via our online form to set up your consultation.