Monsalvo Velazquez v. Bondi
View Official PDFBelow are plain-language sections to help you understand what the Court decided in Monsalvo Velazquez v. Bondi and why it matters. Quotes are taken from the syllabus (the Court’s short summary at the start of the opinion).
Summary
A short, plain-English overview of Monsalvo Velazquez v. Bondi.
The Supreme Court reviewed Monsalvo Velazquez's petition regarding the interpretation of the voluntary departure deadline under 8 U.S.C. § 1229c(b)(2). The Court determined that deadlines falling on weekends or holidays should extend to the next business day, reversing the Tenth Circuit's decision. This decision aligns with longstanding regulatory practices in immigration law.
Holding
The single most important “bottom line” of what the Court decided in Monsalvo Velazquez v. Bondi.
The Court held that a voluntary-departure deadline falling on a weekend or legal holiday extends to the next business day under § 1229c(b)(2).
Constitutional Concepts
These are the Constitution-related themes that appear in Monsalvo Velazquez v. Bondi. Click a concept to see other cases that involve the same idea.
-
Why Procedural Due Process is relevant to Monsalvo Velazquez v. Bondi
The case involves the interpretation of statutory deadlines and whether procedural fairness was maintained in extending deadlines that fall on weekends or holidays.
Syllabus excerpt (verbatim)Under § 1229c(b)(2), a voluntary-departure deadline that falls on a weekend or legal holiday extends to the next business day.
-
Why Judicial Review is relevant to Monsalvo Velazquez v. Bondi
The Court's jurisdiction to review the petition involves interpreting the scope of judicial review over final orders of removal and legal questions arising from them.
Syllabus excerpt (verbatim)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.
-
Why Administrative Law is relevant to Monsalvo Velazquez v. Bondi
The case involves the interpretation of administrative deadlines and the application of longstanding regulatory practices.
Syllabus excerpt (verbatim)The government concedes that other deadlines in the same section of IIRIRA, such as deadlines for motions to reopen or reconsider, are subject to this rule.
Key Quotes
Short excerpts from the syllabus in Monsalvo Velazquez v. Bondi that support the summary and concepts above.
The 60th day fell on Saturday, December 11, 2021.
The Board rejected that motion, concluding that the voluntary departure period had expired on Saturday.
The identical term 'days' should be given the same meaning throughout § 304.