Question Presented (AI Summary)
When a noncitizen's voluntary-departure period ends on a weekend or public holiday, is a motion to reopen filed the next business day sufficient to avoid the penalties for failure to depart?
Question Presented (OCR Extract)
Federal immigration law allows the government to grant a “voluntary departure” period of up to 60 days to a noncitizen “of good moral character” who receives an adverse decision in removal proceedings. 8 U.S.C. §1229c(b). If the noncitizen fails to depart during that window, he or she is subject to a civil fine and is ineligible for various forms of immigration relief (like cancellation of removal or adjustment of status) for 10 years. §1229c(d)(1). If, however, the noncitizen “file[s] a post-decision motion to reopen or reconsider during the period allowed for voluntary departure,” the penalties for failure to voluntarily depart do not apply. 8 C.F.R. §1240.26(b)(8) (iii). The question presented is: When a noncitizen’s voluntary-departure period ends on a weekend or public holiday, is a motion to reopen filed the next business day sufficient to avoid the penalties for failure to depart? i
2025-04-22
Judgment REVERSED and case REMANDED. Gorsuch, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/24pdf/23-929_h3ci.pdf'>opinion</a> of the Court, in which Roberts, C. J., and Sotomayor, Kagan, and Jackson, JJ., joined. Thomas, J., filed a dissenting opinion, in which Alito, J., joined, and in which Kavanaugh and Barrett, JJ., joined as to Parts I and II. Alito, J., and
Barrett, J., filed dissenting opinions, in which Kavanaugh, J., joined.
2024-11-12
Argued. For petitioner: Gerard J. Cedrone, Boston, Mass. For respondent: Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
2024-10-28
Reply of petitioner Hugo Abisai Monsalvo Velazquez filed. (Distributed)
2024-09-27
Brief of respondent Merrick B.Garland, Attorney General filed. (Distributed)
2024-09-06
Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
2024-08-29
Brief amicus curiae of American Immigration Lawyers Association filed.
2024-08-29
Amicus brief of American Immigration Lawyers Association submitted.
2024-08-29
Amicus brief of Thomas Fuller Ogden submitted.
2024-08-29
Brief amici curiae of The Round Table of Former Immigration Judges filed.
2024-08-22
Brief of petitioner Hugo Abisai Monsalvo Velazquez filed.
2024-08-22
Brief of Hugo Abisai Monsalvo Velazquez submitted.
2024-08-12
Record received electronically from the United States Court of Appeals for the Tenth Circuit and available with the Clerk.
2024-08-09
Record requested from the United States Court of Appeals for the Tenth Circuit.
2024-07-26
SET FOR ARGUMENT on Tuesday, November 12, 2024.
2024-07-24
Motion to dispense with printing the joint appendix filed by petitioner Hugo Abisai Monsalvo Velazquez.
2024-07-24
Motion of Hugo Abisai Monsalvo Velazquez to dispense with joint appendix submitted.
2024-07-18
Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 22, 2024. The time to file respondent's brief on the merits is extended to and including September 27, 2024.
2024-07-18
Motion for an extension of time to file the briefs on the merits filed.
2024-07-18
Motion of Hugo Abisai Monsalvo Velazquez for an extension of time submitted.
2024-07-02
As Rule 34.6 provides, “If the Court schedules briefing and oral argument in a case that was governed by Federal Rule of Civil Procedure 5.2(c) or Federal Rule of Criminal Procedure 49.1(c), the parties shall submit electronic versions of all prior and subsequent filings with this Court in the case, subject to [applicable] redaction rules.” Subsequent party and amicus filings in the case should now be submitted through the Court’s electronic filing system, with any necessary redactions.
2024-06-28
DISTRIBUTED for Conference of 7/1/2024.
2024-06-04
DISTRIBUTED for Conference of 6/20/2024.
2024-06-03
Reply of petitioner Hugo Abisai Monsalvo Velazquez filed. (Distributed)
2024-05-15
Brief of respondent Merrick B. Garland, Attorney General in opposition filed.
2024-04-18
Motion to extend the time to file a response is granted and the time is further extended to and including May 15, 2024.
2024-04-17
Motion to extend the time to file a response from April 29, 2024 to May 15, 2024, submitted to The Clerk.
2024-03-21
Motion to extend the time to file a response is granted and the time is extended to and including April 29, 2024.
2024-03-20
Motion to extend the time to file a response from March 28, 2024 to April 29, 2024, submitted to The Clerk.
2024-02-23
Petition for a writ of certiorari filed. (Response due March 28, 2024)
2024-02-23
Pursuant to Rule 34.6 and Paragraph 9 of the Guidelines for the Submission of Documents to the Supreme Court's Electronic Filing System, filings in this case should be submitted in paper form only, and should not be submitted through the Court's electronic filing system.