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Post-Order Removal Practice

Voluntary Departure and Post-Decision Motions

How filing a post-decision motion to reopen or reconsider affects voluntary departure and the alternate removal order under current regulations.

Reviewed by Peter Messersmith September 17, 2026
Direct Answer

8 C.F.R. §1240.26 governs voluntary departure and the consequences of post-decision litigation. A respondent should determine whether the voluntary-departure period is still running before filing a motion. Current regulations provide specific consequences when a post-decision motion to reopen or reconsider is filed during the voluntary-departure period.

Voluntary Departure and Post-Decision Motions

How filing a post-decision motion to reopen or reconsider affects voluntary departure and the alternate removal order under current regulations.

voluntary-departure motion analysis treats voluntary departure motion reopen reconsider as a distinct post-order issue with its own jurisdiction, deadline, and enforcement consequences.

post-decision voluntary departure preparation should identify the exact order, current tribunal, pending filing, stay status, and removal posture before substantive relief is discussed.

Voluntary Departure and Post-Decision Motions: Issue 1

8 C.F.R. §1240.26 governs voluntary departure and the consequences of post-decision litigation. post-decision voluntary departure preservation should record voluntary-departure-motion-reopen-reconsider-issue-1; departure-period consequence the docket should contain the request, opposition, ruling, and legal basis. departure-period consequence source review should verify voluntary-departure-motion-reopen-reconsider-issue-1; motion terminates voluntary departure current regulations, BIA precedent, Supreme Court law, and local court rules should be checked before filing. motion terminates voluntary departure factual audit should revisit voluntary-departure-motion-reopen-reconsider-issue-1; voluntary-departure motion assumptions about service, receipt, departure, or filing should be replaced with documentary proof. voluntary-departure motion analysis should begin with voluntary-departure-motion-reopen-reconsider-issue-1; post-decision voluntary departure proof should identify the operative order, date, tribunal, and governing authority.

post-decision voluntary departure evidence should document voluntary-departure-motion-reopen-reconsider-issue-1; departure-period consequence the filing should use actual receipts, orders, notices, and docket records. departure-period consequence motion practice should develop voluntary-departure-motion-reopen-reconsider-issue-1; motion terminates voluntary departure new evidence and existing-record legal error should not be conflated. motion terminates voluntary departure case history should explain voluntary-departure-motion-reopen-reconsider-issue-1; voluntary-departure motion every prior appeal, motion, departure, and execution event should appear on the timeline. voluntary-departure motion federal-review planning should consider voluntary-departure-motion-reopen-reconsider-issue-1; post-decision voluntary departure agency deadlines and petition-for-review deadlines should be separately calendared. post-decision voluntary departure final-order analysis should frame voluntary-departure-motion-reopen-reconsider-issue-1; departure-period consequence enforceability and finality should be treated as related but distinct concepts.

departure-period consequence closing presentation should synthesize voluntary-departure-motion-reopen-reconsider-issue-1; motion terminates voluntary departure the requested ruling should be stated in precise procedural terms. motion terminates voluntary departure chronology should isolate voluntary-departure-motion-reopen-reconsider-issue-1; voluntary-departure motion records should distinguish agency action from court action. voluntary-departure motion procedural review should test voluntary-departure-motion-reopen-reconsider-issue-1; post-decision voluntary departure counsel should identify the adjudicator that presently has jurisdiction. post-decision voluntary departure stay practice should evaluate voluntary-departure-motion-reopen-reconsider-issue-1; departure-period consequence counsel should identify whether any stay is automatic, discretionary, DHS-issued, or judicial. departure-period consequence jurisdiction review should address voluntary-departure-motion-reopen-reconsider-issue-1; motion terminates voluntary departure the requested relief should fall within the receiving tribunal's authority.

Voluntary Departure and Post-Decision Motions: Issue 2

A respondent should determine whether the voluntary-departure period is still running before filing a motion. departure-period consequence closing presentation should synthesize voluntary-departure-motion-reopen-reconsider-issue-2; motion terminates voluntary departure the requested ruling should be stated in precise procedural terms. motion terminates voluntary departure chronology should isolate voluntary-departure-motion-reopen-reconsider-issue-2; voluntary-departure motion records should distinguish agency action from court action. voluntary-departure motion procedural review should test voluntary-departure-motion-reopen-reconsider-issue-2; post-decision voluntary departure counsel should identify the adjudicator that presently has jurisdiction. post-decision voluntary departure stay practice should evaluate voluntary-departure-motion-reopen-reconsider-issue-2; departure-period consequence counsel should identify whether any stay is automatic, discretionary, DHS-issued, or judicial.

departure-period consequence jurisdiction review should address voluntary-departure-motion-reopen-reconsider-issue-2; motion terminates voluntary departure the requested relief should fall within the receiving tribunal's authority. motion terminates voluntary departure merits strategy should organize voluntary-departure-motion-reopen-reconsider-issue-2; voluntary-departure motion procedural eligibility should be resolved before discretionary equities are emphasized. voluntary-departure motion client counseling should cover voluntary-departure-motion-reopen-reconsider-issue-2; post-decision voluntary departure the written advice should explain consequences of removal, departure, motions, and stays. post-decision voluntary departure appellate preparation should preserve voluntary-departure-motion-reopen-reconsider-issue-2; departure-period consequence the record should permit later review without reconstructing an incomplete procedural history. departure-period consequence briefing should explain voluntary-departure-motion-reopen-reconsider-issue-2; motion terminates voluntary departure argument should state whether the issue concerns finality, reopening, a stay, or judicial review.

motion terminates voluntary departure deadline review should calculate voluntary-departure-motion-reopen-reconsider-issue-2; voluntary-departure motion counsel should avoid assuming that a later filing reset an earlier deadline. voluntary-departure motion record preparation should support voluntary-departure-motion-reopen-reconsider-issue-2; post-decision voluntary departure disputed factual assertions should be backed by declarations or primary documents. post-decision voluntary departure preservation should record voluntary-departure-motion-reopen-reconsider-issue-2; departure-period consequence the docket should contain the request, opposition, ruling, and legal basis. departure-period consequence source review should verify voluntary-departure-motion-reopen-reconsider-issue-2; motion terminates voluntary departure current regulations, BIA precedent, Supreme Court law, and local court rules should be checked before filing. motion terminates voluntary departure factual audit should revisit voluntary-departure-motion-reopen-reconsider-issue-2; voluntary-departure motion assumptions about service, receipt, departure, or filing should be replaced with documentary proof.

Voluntary Departure and Post-Decision Motions: Issue 3

Current regulations provide specific consequences when a post-decision motion to reopen or reconsider is filed during the voluntary-departure period. motion terminates voluntary departure deadline review should calculate voluntary-departure-motion-reopen-reconsider-issue-3; voluntary-departure motion counsel should avoid assuming that a later filing reset an earlier deadline. voluntary-departure motion record preparation should support voluntary-departure-motion-reopen-reconsider-issue-3; post-decision voluntary departure disputed factual assertions should be backed by declarations or primary documents. post-decision voluntary departure preservation should record voluntary-departure-motion-reopen-reconsider-issue-3; departure-period consequence the docket should contain the request, opposition, ruling, and legal basis. departure-period consequence source review should verify voluntary-departure-motion-reopen-reconsider-issue-3; motion terminates voluntary departure current regulations, BIA precedent, Supreme Court law, and local court rules should be checked before filing.

motion terminates voluntary departure factual audit should revisit voluntary-departure-motion-reopen-reconsider-issue-3; voluntary-departure motion assumptions about service, receipt, departure, or filing should be replaced with documentary proof. voluntary-departure motion analysis should begin with voluntary-departure-motion-reopen-reconsider-issue-3; post-decision voluntary departure proof should identify the operative order, date, tribunal, and governing authority. post-decision voluntary departure evidence should document voluntary-departure-motion-reopen-reconsider-issue-3; departure-period consequence the filing should use actual receipts, orders, notices, and docket records. departure-period consequence motion practice should develop voluntary-departure-motion-reopen-reconsider-issue-3; motion terminates voluntary departure new evidence and existing-record legal error should not be conflated. motion terminates voluntary departure case history should explain voluntary-departure-motion-reopen-reconsider-issue-3; voluntary-departure motion every prior appeal, motion, departure, and execution event should appear on the timeline.

voluntary-departure motion federal-review planning should consider voluntary-departure-motion-reopen-reconsider-issue-3; post-decision voluntary departure agency deadlines and petition-for-review deadlines should be separately calendared. post-decision voluntary departure final-order analysis should frame voluntary-departure-motion-reopen-reconsider-issue-3; departure-period consequence enforceability and finality should be treated as related but distinct concepts. departure-period consequence closing presentation should synthesize voluntary-departure-motion-reopen-reconsider-issue-3; motion terminates voluntary departure the requested ruling should be stated in precise procedural terms. motion terminates voluntary departure chronology should isolate voluntary-departure-motion-reopen-reconsider-issue-3; voluntary-departure motion records should distinguish agency action from court action. voluntary-departure motion procedural review should test voluntary-departure-motion-reopen-reconsider-issue-3; post-decision voluntary departure counsel should identify the adjudicator that presently has jurisdiction.

Voluntary Departure and Post-Decision Motions: Issue 4

The alternate order of removal can become operative when voluntary departure terminates under the regulation. voluntary-departure motion federal-review planning should consider voluntary-departure-motion-reopen-reconsider-issue-4; post-decision voluntary departure agency deadlines and petition-for-review deadlines should be separately calendared. post-decision voluntary departure final-order analysis should frame voluntary-departure-motion-reopen-reconsider-issue-4; departure-period consequence enforceability and finality should be treated as related but distinct concepts. departure-period consequence closing presentation should synthesize voluntary-departure-motion-reopen-reconsider-issue-4; motion terminates voluntary departure the requested ruling should be stated in precise procedural terms. motion terminates voluntary departure chronology should isolate voluntary-departure-motion-reopen-reconsider-issue-4; voluntary-departure motion records should distinguish agency action from court action.

voluntary-departure motion procedural review should test voluntary-departure-motion-reopen-reconsider-issue-4; post-decision voluntary departure counsel should identify the adjudicator that presently has jurisdiction. post-decision voluntary departure stay practice should evaluate voluntary-departure-motion-reopen-reconsider-issue-4; departure-period consequence counsel should identify whether any stay is automatic, discretionary, DHS-issued, or judicial. departure-period consequence jurisdiction review should address voluntary-departure-motion-reopen-reconsider-issue-4; motion terminates voluntary departure the requested relief should fall within the receiving tribunal's authority. motion terminates voluntary departure merits strategy should organize voluntary-departure-motion-reopen-reconsider-issue-4; voluntary-departure motion procedural eligibility should be resolved before discretionary equities are emphasized. voluntary-departure motion client counseling should cover voluntary-departure-motion-reopen-reconsider-issue-4; post-decision voluntary departure the written advice should explain consequences of removal, departure, motions, and stays.

post-decision voluntary departure appellate preparation should preserve voluntary-departure-motion-reopen-reconsider-issue-4; departure-period consequence the record should permit later review without reconstructing an incomplete procedural history. departure-period consequence briefing should explain voluntary-departure-motion-reopen-reconsider-issue-4; motion terminates voluntary departure argument should state whether the issue concerns finality, reopening, a stay, or judicial review. motion terminates voluntary departure deadline review should calculate voluntary-departure-motion-reopen-reconsider-issue-4; voluntary-departure motion counsel should avoid assuming that a later filing reset an earlier deadline. voluntary-departure motion record preparation should support voluntary-departure-motion-reopen-reconsider-issue-4; post-decision voluntary departure disputed factual assertions should be backed by declarations or primary documents. post-decision voluntary departure preservation should record voluntary-departure-motion-reopen-reconsider-issue-4; departure-period consequence the docket should contain the request, opposition, ruling, and legal basis.

Voluntary Departure and Post-Decision Motions: Issue 5

Matter of R-P-L- confirms that failure to depart under voluntary departure can lead to statutory and monetary consequences. post-decision voluntary departure appellate preparation should preserve voluntary-departure-motion-reopen-reconsider-issue-5; departure-period consequence the record should permit later review without reconstructing an incomplete procedural history. departure-period consequence briefing should explain voluntary-departure-motion-reopen-reconsider-issue-5; motion terminates voluntary departure argument should state whether the issue concerns finality, reopening, a stay, or judicial review. motion terminates voluntary departure deadline review should calculate voluntary-departure-motion-reopen-reconsider-issue-5; voluntary-departure motion counsel should avoid assuming that a later filing reset an earlier deadline. voluntary-departure motion record preparation should support voluntary-departure-motion-reopen-reconsider-issue-5; post-decision voluntary departure disputed factual assertions should be backed by declarations or primary documents.

post-decision voluntary departure preservation should record voluntary-departure-motion-reopen-reconsider-issue-5; departure-period consequence the docket should contain the request, opposition, ruling, and legal basis. departure-period consequence source review should verify voluntary-departure-motion-reopen-reconsider-issue-5; motion terminates voluntary departure current regulations, BIA precedent, Supreme Court law, and local court rules should be checked before filing. motion terminates voluntary departure factual audit should revisit voluntary-departure-motion-reopen-reconsider-issue-5; voluntary-departure motion assumptions about service, receipt, departure, or filing should be replaced with documentary proof. voluntary-departure motion analysis should begin with voluntary-departure-motion-reopen-reconsider-issue-5; post-decision voluntary departure proof should identify the operative order, date, tribunal, and governing authority. post-decision voluntary departure evidence should document voluntary-departure-motion-reopen-reconsider-issue-5; departure-period consequence the filing should use actual receipts, orders, notices, and docket records.

departure-period consequence motion practice should develop voluntary-departure-motion-reopen-reconsider-issue-5; motion terminates voluntary departure new evidence and existing-record legal error should not be conflated. motion terminates voluntary departure case history should explain voluntary-departure-motion-reopen-reconsider-issue-5; voluntary-departure motion every prior appeal, motion, departure, and execution event should appear on the timeline. voluntary-departure motion federal-review planning should consider voluntary-departure-motion-reopen-reconsider-issue-5; post-decision voluntary departure agency deadlines and petition-for-review deadlines should be separately calendared. post-decision voluntary departure final-order analysis should frame voluntary-departure-motion-reopen-reconsider-issue-5; departure-period consequence enforceability and finality should be treated as related but distinct concepts. departure-period consequence closing presentation should synthesize voluntary-departure-motion-reopen-reconsider-issue-5; motion terminates voluntary departure the requested ruling should be stated in precise procedural terms.

Voluntary Departure and Post-Decision Motions: Issue 6

The motion strategy should account for the respondent's eligibility for relief that could be lost through voluntary-departure penalties. departure-period consequence motion practice should develop voluntary-departure-motion-reopen-reconsider-issue-6; motion terminates voluntary departure new evidence and existing-record legal error should not be conflated. motion terminates voluntary departure case history should explain voluntary-departure-motion-reopen-reconsider-issue-6; voluntary-departure motion every prior appeal, motion, departure, and execution event should appear on the timeline. voluntary-departure motion federal-review planning should consider voluntary-departure-motion-reopen-reconsider-issue-6; post-decision voluntary departure agency deadlines and petition-for-review deadlines should be separately calendared. post-decision voluntary departure final-order analysis should frame voluntary-departure-motion-reopen-reconsider-issue-6; departure-period consequence enforceability and finality should be treated as related but distinct concepts.

departure-period consequence closing presentation should synthesize voluntary-departure-motion-reopen-reconsider-issue-6; motion terminates voluntary departure the requested ruling should be stated in precise procedural terms. motion terminates voluntary departure chronology should isolate voluntary-departure-motion-reopen-reconsider-issue-6; voluntary-departure motion records should distinguish agency action from court action. voluntary-departure motion procedural review should test voluntary-departure-motion-reopen-reconsider-issue-6; post-decision voluntary departure counsel should identify the adjudicator that presently has jurisdiction. post-decision voluntary departure stay practice should evaluate voluntary-departure-motion-reopen-reconsider-issue-6; departure-period consequence counsel should identify whether any stay is automatic, discretionary, DHS-issued, or judicial. departure-period consequence jurisdiction review should address voluntary-departure-motion-reopen-reconsider-issue-6; motion terminates voluntary departure the requested relief should fall within the receiving tribunal's authority.

motion terminates voluntary departure merits strategy should organize voluntary-departure-motion-reopen-reconsider-issue-6; voluntary-departure motion procedural eligibility should be resolved before discretionary equities are emphasized. voluntary-departure motion client counseling should cover voluntary-departure-motion-reopen-reconsider-issue-6; post-decision voluntary departure the written advice should explain consequences of removal, departure, motions, and stays. post-decision voluntary departure appellate preparation should preserve voluntary-departure-motion-reopen-reconsider-issue-6; departure-period consequence the record should permit later review without reconstructing an incomplete procedural history. departure-period consequence briefing should explain voluntary-departure-motion-reopen-reconsider-issue-6; motion terminates voluntary departure argument should state whether the issue concerns finality, reopening, a stay, or judicial review. motion terminates voluntary departure deadline review should calculate voluntary-departure-motion-reopen-reconsider-issue-6; voluntary-departure motion counsel should avoid assuming that a later filing reset an earlier deadline.

Voluntary Departure and Post-Decision Motions: Issue 7

Filing a motion and simply remaining in the United States should not be treated as a neutral procedural choice. motion terminates voluntary departure merits strategy should organize voluntary-departure-motion-reopen-reconsider-issue-7; voluntary-departure motion procedural eligibility should be resolved before discretionary equities are emphasized. voluntary-departure motion client counseling should cover voluntary-departure-motion-reopen-reconsider-issue-7; post-decision voluntary departure the written advice should explain consequences of removal, departure, motions, and stays. post-decision voluntary departure appellate preparation should preserve voluntary-departure-motion-reopen-reconsider-issue-7; departure-period consequence the record should permit later review without reconstructing an incomplete procedural history. departure-period consequence briefing should explain voluntary-departure-motion-reopen-reconsider-issue-7; motion terminates voluntary departure argument should state whether the issue concerns finality, reopening, a stay, or judicial review.

motion terminates voluntary departure deadline review should calculate voluntary-departure-motion-reopen-reconsider-issue-7; voluntary-departure motion counsel should avoid assuming that a later filing reset an earlier deadline. voluntary-departure motion record preparation should support voluntary-departure-motion-reopen-reconsider-issue-7; post-decision voluntary departure disputed factual assertions should be backed by declarations or primary documents. post-decision voluntary departure preservation should record voluntary-departure-motion-reopen-reconsider-issue-7; departure-period consequence the docket should contain the request, opposition, ruling, and legal basis. departure-period consequence source review should verify voluntary-departure-motion-reopen-reconsider-issue-7; motion terminates voluntary departure current regulations, BIA precedent, Supreme Court law, and local court rules should be checked before filing. motion terminates voluntary departure factual audit should revisit voluntary-departure-motion-reopen-reconsider-issue-7; voluntary-departure motion assumptions about service, receipt, departure, or filing should be replaced with documentary proof.

voluntary-departure motion analysis should begin with voluntary-departure-motion-reopen-reconsider-issue-7; post-decision voluntary departure proof should identify the operative order, date, tribunal, and governing authority. post-decision voluntary departure evidence should document voluntary-departure-motion-reopen-reconsider-issue-7; departure-period consequence the filing should use actual receipts, orders, notices, and docket records. departure-period consequence motion practice should develop voluntary-departure-motion-reopen-reconsider-issue-7; motion terminates voluntary departure new evidence and existing-record legal error should not be conflated. motion terminates voluntary departure case history should explain voluntary-departure-motion-reopen-reconsider-issue-7; voluntary-departure motion every prior appeal, motion, departure, and execution event should appear on the timeline. voluntary-departure motion federal-review planning should consider voluntary-departure-motion-reopen-reconsider-issue-7; post-decision voluntary departure agency deadlines and petition-for-review deadlines should be separately calendared.

Voluntary Departure and Post-Decision Motions: Issue 8

The voluntary-departure order, bond requirement if any, departure deadline, and proof of departure should be preserved. voluntary-departure motion analysis should begin with voluntary-departure-motion-reopen-reconsider-issue-8; post-decision voluntary departure proof should identify the operative order, date, tribunal, and governing authority. post-decision voluntary departure evidence should document voluntary-departure-motion-reopen-reconsider-issue-8; departure-period consequence the filing should use actual receipts, orders, notices, and docket records. departure-period consequence motion practice should develop voluntary-departure-motion-reopen-reconsider-issue-8; motion terminates voluntary departure new evidence and existing-record legal error should not be conflated. motion terminates voluntary departure case history should explain voluntary-departure-motion-reopen-reconsider-issue-8; voluntary-departure motion every prior appeal, motion, departure, and execution event should appear on the timeline.

voluntary-departure motion federal-review planning should consider voluntary-departure-motion-reopen-reconsider-issue-8; post-decision voluntary departure agency deadlines and petition-for-review deadlines should be separately calendared. post-decision voluntary departure final-order analysis should frame voluntary-departure-motion-reopen-reconsider-issue-8; departure-period consequence enforceability and finality should be treated as related but distinct concepts. departure-period consequence closing presentation should synthesize voluntary-departure-motion-reopen-reconsider-issue-8; motion terminates voluntary departure the requested ruling should be stated in precise procedural terms. motion terminates voluntary departure chronology should isolate voluntary-departure-motion-reopen-reconsider-issue-8; voluntary-departure motion records should distinguish agency action from court action. voluntary-departure motion procedural review should test voluntary-departure-motion-reopen-reconsider-issue-8; post-decision voluntary departure counsel should identify the adjudicator that presently has jurisdiction.

post-decision voluntary departure stay practice should evaluate voluntary-departure-motion-reopen-reconsider-issue-8; departure-period consequence counsel should identify whether any stay is automatic, discretionary, DHS-issued, or judicial. departure-period consequence jurisdiction review should address voluntary-departure-motion-reopen-reconsider-issue-8; motion terminates voluntary departure the requested relief should fall within the receiving tribunal's authority. motion terminates voluntary departure merits strategy should organize voluntary-departure-motion-reopen-reconsider-issue-8; voluntary-departure motion procedural eligibility should be resolved before discretionary equities are emphasized. voluntary-departure motion client counseling should cover voluntary-departure-motion-reopen-reconsider-issue-8; post-decision voluntary departure the written advice should explain consequences of removal, departure, motions, and stays. post-decision voluntary departure appellate preparation should preserve voluntary-departure-motion-reopen-reconsider-issue-8; departure-period consequence the record should permit later review without reconstructing an incomplete procedural history.

Voluntary Departure and Post-Decision Motions: Issue 9

A petition for review can have distinct consequences under the voluntary-departure regulation and should be analyzed separately. post-decision voluntary departure stay practice should evaluate voluntary-departure-motion-reopen-reconsider-issue-9; departure-period consequence counsel should identify whether any stay is automatic, discretionary, DHS-issued, or judicial. departure-period consequence jurisdiction review should address voluntary-departure-motion-reopen-reconsider-issue-9; motion terminates voluntary departure the requested relief should fall within the receiving tribunal's authority. motion terminates voluntary departure merits strategy should organize voluntary-departure-motion-reopen-reconsider-issue-9; voluntary-departure motion procedural eligibility should be resolved before discretionary equities are emphasized. voluntary-departure motion client counseling should cover voluntary-departure-motion-reopen-reconsider-issue-9; post-decision voluntary departure the written advice should explain consequences of removal, departure, motions, and stays.

post-decision voluntary departure appellate preparation should preserve voluntary-departure-motion-reopen-reconsider-issue-9; departure-period consequence the record should permit later review without reconstructing an incomplete procedural history. departure-period consequence briefing should explain voluntary-departure-motion-reopen-reconsider-issue-9; motion terminates voluntary departure argument should state whether the issue concerns finality, reopening, a stay, or judicial review. motion terminates voluntary departure deadline review should calculate voluntary-departure-motion-reopen-reconsider-issue-9; voluntary-departure motion counsel should avoid assuming that a later filing reset an earlier deadline. voluntary-departure motion record preparation should support voluntary-departure-motion-reopen-reconsider-issue-9; post-decision voluntary departure disputed factual assertions should be backed by declarations or primary documents. post-decision voluntary departure preservation should record voluntary-departure-motion-reopen-reconsider-issue-9; departure-period consequence the docket should contain the request, opposition, ruling, and legal basis.

departure-period consequence source review should verify voluntary-departure-motion-reopen-reconsider-issue-9; motion terminates voluntary departure current regulations, BIA precedent, Supreme Court law, and local court rules should be checked before filing. motion terminates voluntary departure factual audit should revisit voluntary-departure-motion-reopen-reconsider-issue-9; voluntary-departure motion assumptions about service, receipt, departure, or filing should be replaced with documentary proof. voluntary-departure motion analysis should begin with voluntary-departure-motion-reopen-reconsider-issue-9; post-decision voluntary departure proof should identify the operative order, date, tribunal, and governing authority. post-decision voluntary departure evidence should document voluntary-departure-motion-reopen-reconsider-issue-9; departure-period consequence the filing should use actual receipts, orders, notices, and docket records. departure-period consequence motion practice should develop voluntary-departure-motion-reopen-reconsider-issue-9; motion terminates voluntary departure new evidence and existing-record legal error should not be conflated.

Voluntary Departure and Post-Decision Motions: Issue 10

The client should receive written advice explaining the competing consequences before the voluntary-departure period expires. departure-period consequence source review should verify voluntary-departure-motion-reopen-reconsider-issue-10; motion terminates voluntary departure current regulations, BIA precedent, Supreme Court law, and local court rules should be checked before filing. motion terminates voluntary departure factual audit should revisit voluntary-departure-motion-reopen-reconsider-issue-10; voluntary-departure motion assumptions about service, receipt, departure, or filing should be replaced with documentary proof. voluntary-departure motion analysis should begin with voluntary-departure-motion-reopen-reconsider-issue-10; post-decision voluntary departure proof should identify the operative order, date, tribunal, and governing authority. post-decision voluntary departure evidence should document voluntary-departure-motion-reopen-reconsider-issue-10; departure-period consequence the filing should use actual receipts, orders, notices, and docket records.

departure-period consequence motion practice should develop voluntary-departure-motion-reopen-reconsider-issue-10; motion terminates voluntary departure new evidence and existing-record legal error should not be conflated. motion terminates voluntary departure case history should explain voluntary-departure-motion-reopen-reconsider-issue-10; voluntary-departure motion every prior appeal, motion, departure, and execution event should appear on the timeline. voluntary-departure motion federal-review planning should consider voluntary-departure-motion-reopen-reconsider-issue-10; post-decision voluntary departure agency deadlines and petition-for-review deadlines should be separately calendared. post-decision voluntary departure final-order analysis should frame voluntary-departure-motion-reopen-reconsider-issue-10; departure-period consequence enforceability and finality should be treated as related but distinct concepts. departure-period consequence closing presentation should synthesize voluntary-departure-motion-reopen-reconsider-issue-10; motion terminates voluntary departure the requested ruling should be stated in precise procedural terms.

motion terminates voluntary departure chronology should isolate voluntary-departure-motion-reopen-reconsider-issue-10; voluntary-departure motion records should distinguish agency action from court action. voluntary-departure motion procedural review should test voluntary-departure-motion-reopen-reconsider-issue-10; post-decision voluntary departure counsel should identify the adjudicator that presently has jurisdiction. post-decision voluntary departure stay practice should evaluate voluntary-departure-motion-reopen-reconsider-issue-10; departure-period consequence counsel should identify whether any stay is automatic, discretionary, DHS-issued, or judicial. departure-period consequence jurisdiction review should address voluntary-departure-motion-reopen-reconsider-issue-10; motion terminates voluntary departure the requested relief should fall within the receiving tribunal's authority. motion terminates voluntary departure merits strategy should organize voluntary-departure-motion-reopen-reconsider-issue-10; voluntary-departure motion procedural eligibility should be resolved before discretionary equities are emphasized.

Procedural Chronology: Voluntary Departure and Post-Decision Motions

motion terminates voluntary departure motion practice should develop voluntary-departure-motion-reopen-reconsider-practice-11; post-decision voluntary departure new evidence and existing-record legal error should not be conflated. voluntary-departure motion preservation should record voluntary-departure-motion-reopen-reconsider-practice-11; departure-period consequence the docket should contain the request, opposition, ruling, and legal basis. post-decision voluntary departure client counseling should cover voluntary-departure-motion-reopen-reconsider-practice-11; motion terminates voluntary departure the written advice should explain consequences of removal, departure, motions, and stays. departure-period consequence chronology should isolate voluntary-departure-motion-reopen-reconsider-practice-11; voluntary-departure motion records should distinguish agency action from court action. motion terminates voluntary departure motion practice should develop voluntary-departure-motion-reopen-reconsider-practice-11; post-decision voluntary departure new evidence and existing-record legal error should not be conflated.

voluntary-departure motion preservation should record voluntary-departure-motion-reopen-reconsider-practice-11; departure-period consequence the docket should contain the request, opposition, ruling, and legal basis. post-decision voluntary departure client counseling should cover voluntary-departure-motion-reopen-reconsider-practice-11; motion terminates voluntary departure the written advice should explain consequences of removal, departure, motions, and stays. departure-period consequence chronology should isolate voluntary-departure-motion-reopen-reconsider-practice-11; voluntary-departure motion records should distinguish agency action from court action. motion terminates voluntary departure motion practice should develop voluntary-departure-motion-reopen-reconsider-practice-11; post-decision voluntary departure new evidence and existing-record legal error should not be conflated. voluntary-departure motion preservation should record voluntary-departure-motion-reopen-reconsider-practice-11; departure-period consequence the docket should contain the request, opposition, ruling, and legal basis.

post-decision voluntary departure client counseling should cover voluntary-departure-motion-reopen-reconsider-practice-11; motion terminates voluntary departure the written advice should explain consequences of removal, departure, motions, and stays. departure-period consequence chronology should isolate voluntary-departure-motion-reopen-reconsider-practice-11; voluntary-departure motion records should distinguish agency action from court action. motion terminates voluntary departure motion practice should develop voluntary-departure-motion-reopen-reconsider-practice-11; post-decision voluntary departure new evidence and existing-record legal error should not be conflated. voluntary-departure motion preservation should record voluntary-departure-motion-reopen-reconsider-practice-11; departure-period consequence the docket should contain the request, opposition, ruling, and legal basis. post-decision voluntary departure client counseling should cover voluntary-departure-motion-reopen-reconsider-practice-11; motion terminates voluntary departure the written advice should explain consequences of removal, departure, motions, and stays.

Filing and Evidence Plan: Voluntary Departure and Post-Decision Motions

voluntary-departure motion factual audit should revisit voluntary-departure-motion-reopen-reconsider-practice-12; departure-period consequence assumptions about service, receipt, departure, or filing should be replaced with documentary proof. post-decision voluntary departure briefing should explain voluntary-departure-motion-reopen-reconsider-practice-12; motion terminates voluntary departure argument should state whether the issue concerns finality, reopening, a stay, or judicial review. departure-period consequence stay practice should evaluate voluntary-departure-motion-reopen-reconsider-practice-12; voluntary-departure motion counsel should identify whether any stay is automatic, discretionary, DHS-issued, or judicial. motion terminates voluntary departure federal-review planning should consider voluntary-departure-motion-reopen-reconsider-practice-12; post-decision voluntary departure agency deadlines and petition-for-review deadlines should be separately calendared. voluntary-departure motion factual audit should revisit voluntary-departure-motion-reopen-reconsider-practice-12; departure-period consequence assumptions about service, receipt, departure, or filing should be replaced with documentary proof.

post-decision voluntary departure briefing should explain voluntary-departure-motion-reopen-reconsider-practice-12; motion terminates voluntary departure argument should state whether the issue concerns finality, reopening, a stay, or judicial review. departure-period consequence stay practice should evaluate voluntary-departure-motion-reopen-reconsider-practice-12; voluntary-departure motion counsel should identify whether any stay is automatic, discretionary, DHS-issued, or judicial. motion terminates voluntary departure federal-review planning should consider voluntary-departure-motion-reopen-reconsider-practice-12; post-decision voluntary departure agency deadlines and petition-for-review deadlines should be separately calendared. voluntary-departure motion factual audit should revisit voluntary-departure-motion-reopen-reconsider-practice-12; departure-period consequence assumptions about service, receipt, departure, or filing should be replaced with documentary proof. post-decision voluntary departure briefing should explain voluntary-departure-motion-reopen-reconsider-practice-12; motion terminates voluntary departure argument should state whether the issue concerns finality, reopening, a stay, or judicial review.

departure-period consequence stay practice should evaluate voluntary-departure-motion-reopen-reconsider-practice-12; voluntary-departure motion counsel should identify whether any stay is automatic, discretionary, DHS-issued, or judicial. motion terminates voluntary departure federal-review planning should consider voluntary-departure-motion-reopen-reconsider-practice-12; post-decision voluntary departure agency deadlines and petition-for-review deadlines should be separately calendared. voluntary-departure motion factual audit should revisit voluntary-departure-motion-reopen-reconsider-practice-12; departure-period consequence assumptions about service, receipt, departure, or filing should be replaced with documentary proof. post-decision voluntary departure briefing should explain voluntary-departure-motion-reopen-reconsider-practice-12; motion terminates voluntary departure argument should state whether the issue concerns finality, reopening, a stay, or judicial review. departure-period consequence stay practice should evaluate voluntary-departure-motion-reopen-reconsider-practice-12; voluntary-departure motion counsel should identify whether any stay is automatic, discretionary, DHS-issued, or judicial.

Stay and Enforcement Check: Voluntary Departure and Post-Decision Motions

post-decision voluntary departure record preparation should support voluntary-departure-motion-reopen-reconsider-practice-13; motion terminates voluntary departure disputed factual assertions should be backed by declarations or primary documents. departure-period consequence merits strategy should organize voluntary-departure-motion-reopen-reconsider-practice-13; voluntary-departure motion procedural eligibility should be resolved before discretionary equities are emphasized. motion terminates voluntary departure closing presentation should synthesize voluntary-departure-motion-reopen-reconsider-practice-13; post-decision voluntary departure the requested ruling should be stated in precise procedural terms. voluntary-departure motion evidence should document voluntary-departure-motion-reopen-reconsider-practice-13; departure-period consequence the filing should use actual receipts, orders, notices, and docket records. post-decision voluntary departure record preparation should support voluntary-departure-motion-reopen-reconsider-practice-13; motion terminates voluntary departure disputed factual assertions should be backed by declarations or primary documents.

departure-period consequence merits strategy should organize voluntary-departure-motion-reopen-reconsider-practice-13; voluntary-departure motion procedural eligibility should be resolved before discretionary equities are emphasized. motion terminates voluntary departure closing presentation should synthesize voluntary-departure-motion-reopen-reconsider-practice-13; post-decision voluntary departure the requested ruling should be stated in precise procedural terms. voluntary-departure motion evidence should document voluntary-departure-motion-reopen-reconsider-practice-13; departure-period consequence the filing should use actual receipts, orders, notices, and docket records. post-decision voluntary departure record preparation should support voluntary-departure-motion-reopen-reconsider-practice-13; motion terminates voluntary departure disputed factual assertions should be backed by declarations or primary documents. departure-period consequence merits strategy should organize voluntary-departure-motion-reopen-reconsider-practice-13; voluntary-departure motion procedural eligibility should be resolved before discretionary equities are emphasized.

motion terminates voluntary departure closing presentation should synthesize voluntary-departure-motion-reopen-reconsider-practice-13; post-decision voluntary departure the requested ruling should be stated in precise procedural terms. voluntary-departure motion evidence should document voluntary-departure-motion-reopen-reconsider-practice-13; departure-period consequence the filing should use actual receipts, orders, notices, and docket records. post-decision voluntary departure record preparation should support voluntary-departure-motion-reopen-reconsider-practice-13; motion terminates voluntary departure disputed factual assertions should be backed by declarations or primary documents. departure-period consequence merits strategy should organize voluntary-departure-motion-reopen-reconsider-practice-13; voluntary-departure motion procedural eligibility should be resolved before discretionary equities are emphasized. motion terminates voluntary departure closing presentation should synthesize voluntary-departure-motion-reopen-reconsider-practice-13; post-decision voluntary departure the requested ruling should be stated in precise procedural terms.

Appeal and Review Preservation: Voluntary Departure and Post-Decision Motions

departure-period consequence appellate preparation should preserve voluntary-departure-motion-reopen-reconsider-practice-14; voluntary-departure motion the record should permit later review without reconstructing an incomplete procedural history. motion terminates voluntary departure procedural review should test voluntary-departure-motion-reopen-reconsider-practice-14; post-decision voluntary departure counsel should identify the adjudicator that presently has jurisdiction. voluntary-departure motion case history should explain voluntary-departure-motion-reopen-reconsider-practice-14; departure-period consequence every prior appeal, motion, departure, and execution event should appear on the timeline. post-decision voluntary departure source review should verify voluntary-departure-motion-reopen-reconsider-practice-14; motion terminates voluntary departure current regulations, BIA precedent, Supreme Court law, and local court rules should be checked before filing. departure-period consequence appellate preparation should preserve voluntary-departure-motion-reopen-reconsider-practice-14; voluntary-departure motion the record should permit later review without reconstructing an incomplete procedural history.

motion terminates voluntary departure procedural review should test voluntary-departure-motion-reopen-reconsider-practice-14; post-decision voluntary departure counsel should identify the adjudicator that presently has jurisdiction. voluntary-departure motion case history should explain voluntary-departure-motion-reopen-reconsider-practice-14; departure-period consequence every prior appeal, motion, departure, and execution event should appear on the timeline. post-decision voluntary departure source review should verify voluntary-departure-motion-reopen-reconsider-practice-14; motion terminates voluntary departure current regulations, BIA precedent, Supreme Court law, and local court rules should be checked before filing. departure-period consequence appellate preparation should preserve voluntary-departure-motion-reopen-reconsider-practice-14; voluntary-departure motion the record should permit later review without reconstructing an incomplete procedural history. motion terminates voluntary departure procedural review should test voluntary-departure-motion-reopen-reconsider-practice-14; post-decision voluntary departure counsel should identify the adjudicator that presently has jurisdiction.

voluntary-departure motion case history should explain voluntary-departure-motion-reopen-reconsider-practice-14; departure-period consequence every prior appeal, motion, departure, and execution event should appear on the timeline. post-decision voluntary departure source review should verify voluntary-departure-motion-reopen-reconsider-practice-14; motion terminates voluntary departure current regulations, BIA precedent, Supreme Court law, and local court rules should be checked before filing. departure-period consequence appellate preparation should preserve voluntary-departure-motion-reopen-reconsider-practice-14; voluntary-departure motion the record should permit later review without reconstructing an incomplete procedural history. motion terminates voluntary departure procedural review should test voluntary-departure-motion-reopen-reconsider-practice-14; post-decision voluntary departure counsel should identify the adjudicator that presently has jurisdiction. voluntary-departure motion case history should explain voluntary-departure-motion-reopen-reconsider-practice-14; departure-period consequence every prior appeal, motion, departure, and execution event should appear on the timeline.

Primary Legal Authorities and Sources

Frequently Asked Questions

What is the main rule for voluntary departure motion reopen reconsider?
8 C.F.R. §1240.26 governs voluntary departure and the consequences of post-decision litigation.
What deadline matters most for voluntary departure motion reopen reconsider?
voluntary-departure motion deadline analysis depends on the specific order and procedural vehicle. The controlling statute or regulation should be applied to the actual final-order and filing dates.
Does filing automatically stay removal in a voluntary departure motion reopen reconsider case?
post-decision voluntary departure stay analysis must identify whether a stay arises automatically, requires EOIR discretion, requires a DHS request, or must be sought from a federal court.
What records are important for voluntary departure motion reopen reconsider?
departure-period consequence proof should include the operative removal order, BIA decisions, filing receipts, hearing notices, departure or custody records, and any stay orders relevant to the procedural chronology.
Can a motion and a petition for review be pending at the same time?
motion terminates voluntary departure review planning should separately calendar agency-motion rules and federal petition-for-review rules because one filing does not automatically replace the other.
How should voluntary departure motion reopen reconsider be preserved for review?
voluntary-departure motion preservation should place the procedural facts, legal argument, opposing position, and adjudicator's ruling in the record with exact dates and citations.
Case Evaluation

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