Voluntary departure—authority of the Executive Office for Immigration Review.

CFR · 2024-01-01 · US · Title 8

(a) (b) (A) Makes such request prior to or at the master calendar hearing at which the case is initially calendared for a merits hearing; (B) Makes no additional requests for relief (or if such requests have been made, such requests are withdrawn prior to any grant of voluntary departure pursuant to this section); (C) Concedes removability; (D) Waives appeal of all issues; and (E) Has not been convicted of a crime described in section 101(a)(43) of the Act and is not deportable under section 237(a)(4). (ii) The judge may not grant voluntary departure under section 240B(a) of the Act beyond 30 days after the master calendar hearing at which the case is initially calendared for a merits hearing, except pursuant to a stipulation under paragraph (b)(2) of this section. (2) (3) (A) A travel document is not necessary to return to his or her native country or to which country the alien is departing; or (B) The document is already in the possession of DHS. (ii) DHS may hold the passport or documentation for sufficient time to investigate its authenticity. If such documentation is not immediately available to the alien, but the immigration judge is satisfied that the alien is making diligent efforts to secure it, voluntary departure may be granted for a period not to exceed 120 days, subject to the condition that the alien within 60 days must secure such documentation and present it to DHS. DHS in its discretion may extend the period within which the alien must provide such documentat

official document · source cfr-2024 · id 8:§ 1240.26