MEZA-VALLEJOS V. HOLDER

9^th Circuit

Meza-Vallejos v. Holder (9^th Circuit, October 11, 2011)

FLETCHER, Reinhardt, Wardlaw

Summary: “Jose Raul Meza-Vallejos, a native and citizen of Peru, seeks review of a decision by the Board of Immigration Appeals (“BIA”) denying his motion to reopen. After entering a final order of removal against Meza-Vallejos, the BIA granted him a sixty-day period of voluntary departure. The sixtieth day fell on a Saturday. Meza-Vallejos did not depart. Rather, on the following business day — a Monday — he filed his motion to reopen. The BIA denied the motion on the ground that Meza-Vallejos had failed to voluntarily depart and was thus statutorily ineligible for adjustment of status for a period of ten years.

We hold that where, as here, 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.” See Barroso v. Gonzales, 429 F.3d 1195 (9th Cir. 2005).

Read the opinion here.