United States Ninth Circuit

In a petition for review of an order of the BIA denying petitioner's motion to reopen on the grounds that he failed to voluntarily depart when the expiration of his departure period fell on a Saturday, petition is granted with a remand because where a period of voluntary departure technically expires on a weekend or holiday, and an immigrant files a motion that would affect his request for voluntary departure on the next business day, such period legally expires on that next business day such that petitioner's motion to reopen, filed on the Monday after he was to voluntarily depart, was timely.

Appellate Information

• Decided 10/11/2011
• Published 10/11/2011

Judges

• B. FLETCHER,

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Irving Joseph Gonzalez, Rachel Louise Browning