Proposed Rule Amends Regulations on Voluntary Departure

The proposed rule would amend the Department of Justice regulations regarding voluntary departure to afford the alien the option either to abide by the terms of the grant of voluntary departure, in lieu of an order of removal, or to forgo the benefits of voluntary departure and instead challenge the final order on the merits in a motion to reopen or reconsider or a petition for review. This only would affect voluntary departure in the context of removal proceedings, not voluntary departure granted by DHS in other circumstances. Written comments must be submitted on or before January 29, 2008.