common law

Velázquez v. Garland

Issues

Does the 60-day voluntary-departure period provided for in 8 U.S.C. 1229c extend to the next business day when the last day of the period falls on a Saturday, Sunday, or a holiday?

This case asks the Court to determine when a noncitizen has failed to voluntarily depart in a timely manner or move to reopen or reconsider an adverse decision under the 60-day voluntary departure period provided for in 8 U.S.C. 1229c. Petitioners argue that the common law has established a rule that extends deadlines when the last day falls on a Saturday, Sunday, or holiday, and that this rule is presumptively incorporated into the voluntary-departure statute because it was not expressly negated by Congress. Respondent counters that the common law rule only applies to judicial actions not private actions, only extends to judicial deadlines not statutory deadlines, and is not incorporated into the statute. This case raises significant questions of precisely when a noncitizen subject to removal must voluntarily depart the country in order to satisfy the statute, as well as broader consistency within the legal system.

Questions as Framed for the Court by the Parties

Whether, when a noncitizen’s voluntary-departure period ends on a weekend or public holiday, a motion to reopen filed the next business day is sufficient to avoid the penalties for failure to depart under 8 U.S.C. § 1229c(d)(1).

Under the Immigration and Nationality Act (INA) (codified in 8 U.S.C. 1101) a noncitizen who is found removable from the United States in proceedings before an immigration judge, may be granted authorization to leave the country voluntarily rather than be removed from the country. Velazquez v.

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