Hugo Abisai Monsalvo Velazquez v. Bondi
In brief
A voluntary-departure deadline that lands on a weekend or legal holiday now runs through the next business day.
- Where it stands
- Decided
Decided 5-4 · April 22, 2025 · Opinion by Justice Gorsuch
- What it’s about
- The Supreme Court ruled that when a noncitizen's statutory deadline for voluntary departure falls on a weekend or holiday, it automatically extends to the next business day.
- Who it affects
- For example, someone whose 60th day is a Saturday may file a motion to reopen (a request to reopen the case) on Monday without failure-to-depart penalties. The decision affects noncitizens given voluntary-departure periods under federal immigration law.
Summary: written with AI from the case record.
What it's about
This decision allows individuals to file motions to reopen their cases on the following Monday without facing penalties for failing to leave the country on the non-business day.
The decision settles how federal immigration law counts voluntary-departure deadlines that end on nonbusiness days.
Question presented
When a noncitizen’s voluntary-departure period ends on a weekend or public holiday, is a motion to reopen filed the next business day sufficient to avoid the penalties for failure to depart under 8 U.S.C. § 1229c(d)(1)?
What the Court decided
Holding
This Court has jurisdiction to review Monsalvo’s petition. Under §1252, courts may review “final order[s] of removal” and “all questions of law” arising from them. Monsalvo’s petition sought judicial review of a legal question about the meaning of a term in his final removal order—specifically, the meaning of “60 days” for voluntary departure. Although Monsalvo did not challenge his removability, nothing in §1252 requires an individual to press a challenge to one term in a final order of removal just to secure judicial review of another. This Court 2 MONSALVO VELÁZQUEZ v.
- Result
- Reversed
The vote
From the opinions
“Under §1229c(b)(2), a voluntary-departure deadline that falls on a weekend or legal holiday extends to the next business day.”
“Saturday is a day of the week, and there is no reason why petitioner could not have left the country on or before that date.”
What's next
The case returns to the Tenth Circuit after its decision was reversed and remanded. Lower courts and immigration agencies must apply the next-business-day rule.
Documents
Docket activity
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More questions
- What did the Supreme Court rule in Monsalvo Velázquez?
- The Court ruled that a voluntary-departure deadline falling on a weekend or legal holiday extends to the next business day.
- How does Monsalvo Velázquez affect noncitizens with departure deadlines?
- People whose deadlines end on a weekend or legal holiday may use the next business day without failure-to-depart penalties.
- What happens next in Monsalvo Velázquez?
- The case returns to the Tenth Circuit after its decision was reversed and remanded. Agencies and lower courts must apply the Court’s rule.
- Is the next-business-day rule still the law after Monsalvo Velázquez?
- Yes. The Court decided that deadlines under §1229c(b)(2) extend to the next business day when they fall on weekends or legal holidays.
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.