Addressing an issue of first impression, the 2nd Circuit ruled it has the authority under the Immigration and Nationality Act to stay orders of voluntary departure by immigration judges or the Board of Immigration Appeals. The court said it was joining the majority of other circuits -- only the 4th Circuit has reached the opposite result -- by concluding it had such authority. The decision extends the 60-day period in which a person must leave the country as long as that person has an appeal pending.
August 23, 2006 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
The 2nd U.S. Circuit Court of Appeals has the authority to stay orders of voluntary departure by immigration judges or the Board of Immigration Appeals, the court has ruled.
Addressing an issue of first impression, the court said, in Thapa v. Gonzales, 06-1973-ag, it had such authority under the Immigration and Nationality Act. The decision extends the 60-day period in which a person must leave the country as long as that person has an appeal pending.
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