Meza-Vallejos, et al. v. Holder, Jr., No. 07-70638 (9th Cir. 2011)
Annotate this CasePetitioner, a native and citizen of Peru, sought review of a decision by the BIA denying his motion to reopen on the ground that petitioner had failed to voluntarily depart. The court held that where, as here, a period of voluntary departure technically expired on a weekend or holiday, and an immigrant filed a motion that would affect his request for voluntary departure on the next business day, such period legally expired on that next business day. Accordingly, the court granted the petition for review and remanded to the BIA for adjudication of petitioner's motion to reopen on the merits.
The court issued a subsequent related opinion or order on January 20, 2012.
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