What Happens If You Miss a Voluntary Departure Deadline?

On November 5, 2026, the Board of Immigration Appeals denied a motion to reopen. The respondent had missed a June 3, 2025 voluntary departure deadline. A motion to reopen is a request to open a finished immigration case again. The BIA voluntary departure 10-year bar means that missing a voluntary departure deadline can block certain immigration relief for 10 years. This can happen even when a person later submits new evidence for cancellation of removal.

The ruling, 30 I&N Dec. 222 (BIA 2026), makes timing central to a serious choice. People considering voluntary departure should understand the terms before accepting them. Voluntary departure is permission to leave the United States instead of receiving a removal order, if the person follows the required conditions. Our immigration attorneys can explain the federal process and review available options.

Legal disclaimer: This article provides general legal information, not legal advice for any person or case. Immigration results depend on the person’s facts, filing history, and deadlines. A person facing removal proceedings should seek legal advice promptly from qualified immigration counsel.

What did the BIA decide about voluntary departure?

In this case, the Board reviewed the respondent’s request. An immigration judge had already denied his request for cancellation of removal. Cancellation of removal is a form of relief that can let a qualifying person stay in the United States. On April 4, 2025, the Board dismissed his appeal. It also reinstated voluntary departure for 60 days. He therefore had to leave on or before June 3, 2025.

He filed a motion to reopen on June 17, 2025. The motion asked to add evidence about his earlier cancellation application. The evidence included school, medical, and mental-health records about his United States citizen children. DHS opposed the request. DHS is the Department of Homeland Security.

“The filing of a motion to reopen . . . after the time allowed for voluntary departure has already expired does not in any way impact the period of time allowed for voluntary departure . . . .”

The Board held that filing after the departure period ended did not erase the consequences of failing to leave. Under INA § 240B(d)(1)(B), codified at 8 U.S.C. § 1229c(d)(1)(B), a person who fails to voluntarily depart within the assigned period is ineligible for certain forms of immigration relief for 10 years. This is the central rule behind the BIA voluntary departure 10-year bar.

Cancellation of removal under INA § 240A(b)(1), 8 U.S.C. § 1229b(b)(1), is one of the affected benefits in this case. The Board rejected the argument that reopening could avoid the bar. The respondent wanted to pursue a form of relief he had requested before. The Board still found that the voluntary departure violation applied.

Why the filing date changed the result

The regulation treats a timely motion differently. A motion to reopen may meet its own filing deadline yet be filed after voluntary departure expires. A motion properly filed before the voluntary departure period expires automatically ends the voluntary departure grant. It also ends the consequences for failing to comply with that grant. See 8 C.F.R. § 1240.26(c)(3)(iii), (e)(1).

The motion arrived after June 3, 2025. The Board also found that the respondent had not shown an involuntary failure to depart. Under the precedent cited by the Board, a failure to depart is not voluntary when, through no fault of the person’s own, the person is unaware of the voluntary departure order or is physically unable to leave.

Who can the voluntary departure bar affect?

The decision concerns people granted voluntary departure. It affects those who fail to leave during the period ordered. The BIA voluntary departure 10-year bar can affect people who miss that deadline and later seek certain immigration benefits. Voluntary departure is an arrangement under INA § 240B, 8 U.S.C. § 1229c. Under this arrangement, the person agrees to leave. The government agrees not to enter a removal order if the person follows the conditions.

The 10-year consequence applies to certain immigration benefits listed in INA § 240B(d)(1)(B). In this case, it stopped the respondent from pursuing cancellation of removal for nonpermanent residents. Nonpermanent residents are people who do not have lawful permanent resident status. Cancellation of removal may allow a qualifying person in removal proceedings to remain in the United States.

“An alien cannot avoid the consequences of failing to voluntarily depart by filing a motion to reopen.”

The Board’s reasoning matters to people who believe new evidence can revive an earlier cancellation claim. The Board held that reopening the case would not erase the earlier violation of the voluntary departure agreement. The conduct that triggered the consequence was missing the assigned departure deadline.

The law contains a specific exception for certain VAWA self-petitioners. A VAWA self-petitioner is a person who seeks immigration protection under the Violence Against Women Act. Under INA § 240B(d)(2), the restrictions do not apply to cancellation of removal or adjustment of status based on a VAWA self-petition. This exception applies when battery or extreme cruelty was at least one central reason for overstaying voluntary departure.

New evidence still faces a separate test

The Board gave another reason for denying reopening. A motion to reopen must state new facts. It must include important evidence that was previously unavailable. The evidence must establish a prima facie case for relief. A prima facie case is enough initial proof to support the requested relief. See INA § 240(c)(7)(B), 8 U.S.C. § 1229a(c)(7)(B), and 8 C.F.R. § 1003.2(c)(1).

Here, the Board found that the added evidence was similar to material already considered. The immigration judge had reviewed the children’s educational, medical, emotional, and financial needs. The judge found that the required hardship standard was not met. The hardship standard requires the applicant to show the level of harm required by the law. In our experience, families first ask whether a later filing can undo a missed voluntary departure deadline.

For background on agency guidance, the USCIS Policy Manual is an official resource. It provides guidance about immigration benefits. Removal-court procedure is controlled by separate statutes and regulations.

What law governs voluntary departure and reopening?

Congress placed voluntary departure in INA § 240B, 8 U.S.C. § 1229c. An immigration judge must give notice of the penalties for violating a voluntary departure agreement. This requirement appears in INA § 240B(d)(3), 8 U.S.C. § 1229c(d)(3).

The main statutory rule is clear. A person who voluntarily fails to leave within the specified period is ineligible for certain relief for 10 years. The Board read the phrase further relief to include a renewed effort to obtain cancellation of removal. It does not apply only to a brand-new application.

INA § 240(c)(7), 8 U.S.C. § 1229a(c)(7), governs a motion to reopen. The motion generally must be filed within 90 days of a final administrative order. The person filing it must present important evidence that was previously unavailable. When seeking reopening to pursue relief previously denied, the person must also show that the new evidence would likely change the result.

Two procedures can collide

The Supreme Court recognized a conflict between voluntary departure and reopening in Dada v. Mukasey. A motion to reopen that is properly filed prior to the expiration of the voluntary departure period automatically terminates the prior grant of voluntary departure and its related consequences for noncompliance.

But 8 C.F.R. § 1240.26(e)(2) treats a late motion differently. The Board relied on that difference. It concluded that it lacked equitable authority to ignore the statutory ineligibility bar after a voluntary departure violation. Equitable authority means power to provide fairness-based relief when the law allows it.

A person with an immigration court matter should understand the difference between voluntary departure and deportation or removal from the United States. Voluntary departure can avoid a removal order when completed as required.

What should I do if I have a voluntary departure order?

Start by getting the written order from the immigration judge or Board. Confirm the exact voluntary departure date. Keep copies of the order and hearing notices. Also keep travel documents, proof of every filing, and every receipt issued by EOIR or USCIS.

Next, determine whether you are considering a motion to reopen before the voluntary departure period ends. Under 8 C.F.R. § 1240.26(c)(3)(iii), a timely qualifying motion can automatically end voluntary departure. The filing date matters. The date documents were prepared alone may not protect you. The BIA voluntary departure 10-year bar makes prompt review especially important.

Then identify the legal basis for reopening. Gather the new evidence. Gather records showing when the evidence became available. Also gather documents showing why the evidence could affect eligibility. For a cancellation claim, records often concern qualifying relatives and claimed hardship. The evidence must still meet the reopening standard.

Do not assume that a pending late motion stops the voluntary departure consequences. This decision makes that risk clear. A person may have been unable to leave through no fault of their own. Documentation of those facts may be important. The Board recognized that an involuntary failure to depart is a separate issue.