Pre-Conclusion Voluntary Departure and Matter of Ocampo
This guide focuses on pre-conclusion voluntary departure under Ocampo. It addresses two different voluntary-departure tracks, matter of ocampo, record of advisals, and the records needed to preserve the pre-conclusion voluntary departure under Ocampo issue for EOIR review.
Pre-Conclusion Voluntary Departure and Matter of Ocampo addresses pre-conclusion voluntary departure under Ocampo through the historical rule and the current procedural posture. INA §240B distinguishes voluntary departure granted before completion of proceedings from relief granted at the conclusion. Pre-conclusion voluntary departure has its own timing, eligibility, and procedural tradeoffs. The request must be made before the statutory and regulatory cutoff for pre-conclusion treatment. Waiting until the case is fully litigated can shift the respondent into the stricter post-conclusion rules. For pre-conclusion voluntary departure under Ocampo, counsel should chart maximum period, test appeal waiver must be understood, and separately document dhs and court discretion. The pre-conclusion voluntary departure under Ocampo record should also compare departure proof with written decision before hearing.
Two different voluntary-departure tracks
INA §240B distinguishes voluntary departure granted before completion of proceedings from relief granted at the conclusion. Pre-conclusion voluntary departure has its own timing, eligibility, and procedural tradeoffs.
In pre-conclusion voluntary departure under Ocampo, counsel should map the issue labeled “Two different voluntary-departure tracks” to dated exhibits. The pre-conclusion voluntary departure under Ocampo chronology should identify the decisive event for the issue labeled “Two different voluntary-departure tracks”. If DHS disputes the issue labeled “Two different voluntary-departure tracks”, the pre-conclusion voluntary departure under Ocampo brief should cite the controlling authority.
Timing of the request
The request must be made before the statutory and regulatory cutoff for pre-conclusion treatment. Waiting until the case is fully litigated can shift the respondent into the stricter post-conclusion rules.
A pre-conclusion voluntary departure under Ocampo presentation should isolate the issue labeled “Timing of the request” from separate defenses. Each factual assertion about the issue labeled “Timing of the request” in pre-conclusion voluntary departure under Ocampo should identify its source. This lets the pre-conclusion voluntary departure under Ocampo tribunal decide the issue labeled “Timing of the request” without accidental concessions.
Maximum period
Pre-conclusion voluntary departure may be granted for up to 120 days. The exact period ordered controls, and the respondent should plan travel documents and departure logistics before accepting relief.
When litigating pre-conclusion voluntary departure under Ocampo, counsel should date the issue labeled “Maximum period” precisely. Older pre-conclusion voluntary departure under Ocampo terminology can distort the issue labeled “Maximum period” if modern labels are assumed. The pre-conclusion voluntary departure under Ocampo brief should tie the issue labeled “Maximum period” to the law governing that proceeding.
Concessions and relief posture
Current EOIR guidance explains that pre-conclusion relief generally requires conceding removability, withdrawing other relief requests, and meeting the procedural conditions applicable at that stage.
For pre-conclusion voluntary departure under Ocampo, the practical question is how the issue labeled “Concessions and relief posture” changes this case. A pre-conclusion voluntary departure under Ocampo brief should connect the issue labeled “Concessions and relief posture” to record evidence. Any government challenge to the issue labeled “Concessions and relief posture” should be answered under the authority controlling pre-conclusion voluntary departure under Ocampo.
Matter of Ocampo
Ocampo emphasizes the express appeal-waiver requirement associated with pre-conclusion voluntary departure. A valid waiver changes what issues can later be taken to the BIA.
Evidence about the issue labeled “Matter of Ocampo” should be indexed for pre-conclusion voluntary departure under Ocampo. The pre-conclusion voluntary departure under Ocampo exhibit list should group records proving the issue labeled “Matter of Ocampo”. This helps the adjudicator see why the issue labeled “Matter of Ocampo” satisfies the burden applicable to pre-conclusion voluntary departure under Ocampo.
Appeal waiver must be understood
The Immigration Judge should create a clear record that the respondent understands the waiver. Counsel should not treat voluntary departure as a harmless fallback if appellate review may be important.
If the issue labeled “Appeal waiver must be understood” turns on dates, the pre-conclusion voluntary departure under Ocampo chronology should use primary records. Any uncertainty about the issue labeled “Appeal waiver must be understood” in pre-conclusion voluntary departure under Ocampo should be stated openly. Overlapping pre-conclusion voluntary departure under Ocampo records can then address the issue labeled “Appeal waiver must be understood” without invented precision.
Statutory bars
Aggravated felony convictions, specified security removability, prior voluntary-departure history covered by the statute, and arriving-alien restrictions can defeat eligibility depending on the posture.
A decision on pre-conclusion voluntary departure under Ocampo should make a distinct finding about the issue labeled “Statutory bars”. If the issue labeled “Statutory bars” is rejected, the pre-conclusion voluntary departure under Ocampo ruling should reveal whether the problem is law, proof, credibility, or discretion. That distinction shapes review of pre-conclusion voluntary departure under Ocampo.
Travel-document readiness
A respondent who lacks a passport or cannot obtain necessary transit documents may face practical failure even after a legal grant. Consular processing time should be investigated early.
Before relying on the issue labeled “Travel-document readiness”, screen the complete pre-conclusion voluntary departure under Ocampo case. Success on the issue labeled “Travel-document readiness” may not resolve another pre-conclusion voluntary departure under Ocampo obstacle. Independent convictions, inadmissibility, final-order effects, or jurisdiction can survive the ruling on the issue labeled “Travel-document readiness”.
DHS and court discretion
Eligibility does not compel a grant. Immigration history, compliance, criminal conduct, family ties, and the feasibility of prompt departure can influence discretionary treatment.
Historical records can control the issue labeled “DHS and court discretion” in a pre-conclusion voluntary departure under Ocampo case. The pre-conclusion voluntary departure under Ocampo file should collect the A-file and prior decisions relevant to the issue labeled “DHS and court discretion”. Certified records should resolve any material dispute about the issue labeled “DHS and court discretion” before pre-conclusion voluntary departure under Ocampo testimony.
Record of advisals
The order and hearing record should state the departure period, consequences of failing to depart, any bond if imposed, the alternate removal order, and appeal consequences.
A pre-conclusion voluntary departure under Ocampo hearing outline should place the issue labeled “Record of advisals” where the legal standard requires it. Questions about the issue labeled “Record of advisals” should follow the pre-conclusion voluntary departure under Ocampo chronology. This gives the Immigration Judge a record for a specific finding on the issue labeled “Record of advisals”.
Effect on future immigration
Voluntary departure avoids entry of the alternate removal order if completed properly, but it does not erase unlawful presence, inadmissibility, visa bars, or prior immigration violations.
DHS may contest the issue labeled “Effect on future immigration” in a pre-conclusion voluntary departure under Ocampo case. The pre-conclusion voluntary departure under Ocampo response should identify whether the dispute about the issue labeled “Effect on future immigration” is legal or factual. Extra equities cannot repair a statutory defect involving the issue labeled “Effect on future immigration”, and citations cannot replace missing pre-conclusion voluntary departure under Ocampo proof.
Departure proof
Keep airline records, boarding passes, passport stamps, land-exit evidence, and any ICE reporting documentation. Years later, proof of timely departure can become important in visa or waiver processing.
When the issue labeled “Departure proof” intersects with an older order, the pre-conclusion voluntary departure under Ocampo docket must be reconstructed. A prior departure can also affect the issue labeled “Departure proof”. Counsel should confirm the pre-conclusion voluntary departure under Ocampo procedural posture before placing the issue labeled “Departure proof” in a new filing.
Changing strategy
If facts change after a grant, immediately evaluate the effect of a motion, appeal, or other filing on voluntary departure. Do not assume the original period simply remains intact.
An adverse pre-conclusion voluntary departure under Ocampo ruling may rest on more than the issue labeled “Changing strategy”. The pre-conclusion voluntary departure under Ocampo appeal should challenge each dispositive ground. Review of the issue labeled “Changing strategy” should use the standard and record citations that apply specifically to that pre-conclusion voluntary departure under Ocampo issue.
Counsel checklist
Before requesting relief, compare the value of up to 120 days and avoiding a removal order against surrendered applications, appeal rights, inadmissibility consequences, and the client’s ability to leave.
Client counseling for pre-conclusion voluntary departure under Ocampo should explain what a favorable finding on the issue labeled “Counsel checklist” accomplishes. A favorable ruling on the issue labeled “Counsel checklist” may leave other pre-conclusion voluntary departure under Ocampo consequences untouched. Travel, admissibility, bond, visa, or criminal effects can remain outside that finding.
Written decision
A proper decision should make the statutory basis and conditions unmistakable. Ambiguity about whether relief was pre- or post-conclusion can create later disputes about deadlines and penalties.
The final pre-conclusion voluntary departure under Ocampo submission should make the issue labeled “Written decision” easy to locate. A pre-conclusion voluntary departure under Ocampo roadmap can pair the issue labeled “Written decision” with its exhibits. Proposed findings can organize the pre-conclusion voluntary departure under Ocampo record without burying the issue labeled “Written decision” inside decades of documents.
Primary Legal Authorities and Sources
- INA §240B / 8 U.S.C. §1229c Current voluntary-departure statute.
- 8 C.F.R. §1240.26 Current EOIR voluntary-departure regulation.
- EOIR Voluntary Departure Current EOIR public guidance distinguishing pre- and post-conclusion voluntary departure.
- EOIR Voluntary Departure Precedent Chart EOIR chart collecting BIA precedent on voluntary departure.
- Matter of Gamero, 25 I&N Dec. 164 BIA precedent on voluntary-departure bond proof and required advisals.
- Matter of Zmijewska, 24 I&N Dec. 87 BIA precedent on whether a failure to depart was voluntary for INA §240B(d).
- Dada v. Mukasey — DOJ Merits Brief Supreme Court litigation background for motions to reopen and voluntary departure.
Frequently Asked Questions
What is the core rule for pre-conclusion voluntary departure under Ocampo?
INA §240B distinguishes voluntary departure granted before completion of proceedings from relief granted at the conclusion. Pre-conclusion voluntary departure has its own timing, eligibility, and procedural tradeoffs. The request must be made before the statutory and regulatory cutoff for pre-conclusion treatment. Waiting until the case is fully litigated can shift the respondent into the stricter post-conclusion rules.
What evidence is most important for pre-conclusion voluntary departure under Ocampo?
Pre-conclusion voluntary departure may be granted for up to 120 days. The exact period ordered controls, and the respondent should plan travel documents and departure logistics before accepting relief. A respondent who lacks a passport or cannot obtain necessary transit documents may face practical failure even after a legal grant. Consular processing time should be investigated early.
Does proving pre-conclusion voluntary departure under Ocampo automatically win the removal case?
Ocampo emphasizes the express appeal-waiver requirement associated with pre-conclusion voluntary departure. A valid waiver changes what issues can later be taken to the BIA. Eligibility does not compel a grant. Immigration history, compliance, criminal conduct, family ties, and the feasibility of prompt departure can influence discretionary treatment.
What should be checked before filing on pre-conclusion voluntary departure under Ocampo?
The Immigration Judge should create a clear record that the respondent understands the waiver. Counsel should not treat voluntary departure as a harmless fallback if appellate review may be important. Keep airline records, boarding passes, passport stamps, land-exit evidence, and any ICE reporting documentation. Years later, proof of timely departure can become important in visa or waiver processing.
How should an adverse finding on pre-conclusion voluntary departure under Ocampo be preserved for appeal?
If facts change after a grant, immediately evaluate the effect of a motion, appeal, or other filing on voluntary departure. Do not assume the original period simply remains intact. Before requesting relief, compare the value of up to 120 days and avoiding a removal order against surrendered applications, appeal rights, inadmissibility consequences, and the client’s ability to leave.
Why is the chronology important for pre-conclusion voluntary departure under Ocampo?
Aggravated felony convictions, specified security removability, prior voluntary-departure history covered by the statute, and arriving-alien restrictions can defeat eligibility depending on the posture. A proper decision should make the statutory basis and conditions unmistakable. Ambiguity about whether relief was pre- or post-conclusion can create later disputes about deadlines and penalties.
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