United States Ninth Circuit

8 U.S.C. section 1229c(b)(1)(A), which permits a grant of voluntary departure at the conclusion of a removal proceeding only if the alien has been physically present in the US for a year or more, does not violate due process or equal protection; there is no fundamental right to the discretionary privilege of voluntary departure, and the one-year requirement is not "wholly irrational."

Appellate Information

• Decided 03/18/2004
• Published 03/18/2004

Judges

• SILVERMAN, Circuit Judge:, Before:  SILVERMAN, GOULD, and BEA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Kevin A. Bove, Escondido, California, and Jack Artz, South Pasadena, California, for the petitioner.


• For Appellees:
  
• Ethan B. Kanter, United States Assistant Attorney General, Washington, D.C., for the respondent.