Supreme Court Allows Deadline Flexibility for Immigrants Voluntarily Leaving the U.S.
The U.S. Supreme Court, in a narrow 5-4 ruling, has granted immigrants who consent to leave the country a degree of leniency regarding deadlines. This decision comes amidst a legal landscape shaped by former President Donald Trump’s stringent immigration policies.
The case centered around Hugo Abisai Monsalvo Velázquez, a Mexican national who entered the United States unlawfully as a teenager. Having resided in Colorado for almost 20 years, he faced an expulsion order in 2021. The Supreme Court’s decision, argued in November 2024 shortly after Trump’s re-election, has provided Monsalvo Velázquez with additional time to comply with his departure deadline.
Justice Neil Gorsuch, writing for the majority, stated, “Here, as elsewhere, the term ‘days’ operates to extend a deadline that falls on a weekend or legal holiday to the next business day.” This opinion was supported by Chief Justice John Roberts and the court’s three liberal justices.
However, the ruling was met with opposition from the court’s remaining conservative justices. They argued that the matter should have been remanded to a lower court to determine federal jurisdiction. Justice Samuel Alito, joined in dissent by Justice Brett Kavanaugh, criticized the majority’s decision, stating it effectively grants an unwarranted two-day extension. Alito remarked, “The Court is sympathetic to petitioner’s plight, but the relevant statutory provision sets a deadline, and no matter how such a deadline is calculated, there will always be those who happen to miss it by a day or so.”
Monsalvo Velázquez’s journey began when he moved to the U.S. in 2004. Establishing his life in the Denver area, he played high school soccer, attended community college, and worked locally. He later married, bought a home, and had two children. Just before his deportation order, he founded an auto-detailing business. An immigration judge initially set a 60-day self-deportation deadline that coincided with a Saturday.
On the preceding Friday, Monsalvo Velázquez submitted a motion to reopen his case, which was officially filed the following Monday. This motion was subsequently denied by both the Board of Immigration Appeals and a federal appeals court. Failure to adhere to the set departure timeline can result in enforced removal, financial penalties, and a decade-long ban on most immigration relief forms.
For more detailed background on this case, visit the Supreme Court’s official page and immigration news hub.
