motion to reopen

Dada v. Mukasey

Issues

Whether the time allotted for departure under a voluntary departure order is suspended when an alien files a motion to reopen removal proceedings.

 

Samson Taiwo Dada, a citizen of Nigeria, overstayed a temporary visitor's visa. After removal proceedings, Dada was granted voluntary departure. Dada failed to leave the United States within the voluntary departure period and instead moved before the Board of Immigration Appeals to reopen his removal proceedings. Dada argued that the voluntary departure period should be tolled pending the outcome of his motion. Dada contended that otherwise, he and similarly situated aliens would be forced either to abandon their motions to reopen or illegally remain in the United States beyond the voluntary departure period. The Board denied Dada's motion and the Fifth Circuit affirmed. The outcome of this case will settle a circuit split concerning the legal effect of motions to reopen and will influence aliens' decisions to seek to reopen removal proceedings.

Questions as Framed for the Court by the Parties

Whether the filing of a motion to reopen removal proceedings automatically tolls the period within which an alien must depart the United States under an order granting voluntary departure.

Samson Taiwo Dada, a citizen of Nigeria, was legally admitted into the United States on a nonimmigrant visa in 1998. Brief for Petitioner at 9. After Dada's visa expired, he married an American citizen who filed a Petition for Alien Relative, Form I-130, on Dada's behalf in 1999. Id. The I-130 petition was subsequently denied for failure to present documents requested by the Bureau of Citizenship and Immigration Services.

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