Monsalvo Velazquez v. Bondi

Background

Hugo Monsalvo Velázquez, an immigrant who entered the United States unlawfully as a teenager and lives in Colorado with his U.S. citizen children, faced federal removal proceedings. An immigration judge found him removable but granted voluntary departure for up to 60 days and said a deadline falling on a weekend would extend to the following Monday. The Board of Immigration Appeals later issued a new 60-day voluntary-departure period that, according to the Board, expired on Saturday, December 11, 2021. Monsalvo served a motion to reopen on December 10 and the Board filed it on December 13, then denied it as untimely and warned him of penalties for failing to depart.

Reasoning

The Court first held it had jurisdiction to review Monsalvo’s petition asking what “60 days” meant in his order. On the merits, the Court reasoned that although “days” can mean calendar days, longstanding immigration regulations and contemporaneous provisions in the same 1996 law treat “day” to roll over when a deadline falls on a weekend or legal holiday. Because Congress enacted the voluntary-departure deadline against that regulatory backdrop, the Court read §1229c(b)(2) to extend deadlines that end on weekends or holidays to the next business day, and it reversed the Tenth Circuit.

Real world impact

The ruling gives people ordered to leave more predictable time when a 60-day deadline would otherwise fall on a weekend or holiday. It affects how quickly the government can detain or remove someone and can change eligibility for immigration relief and penalties tied to missed deadlines. The decision is not a final determination on removability and leaves room for future litigation.

Dissents or concurrances

Several Justices dissented and argued either that this Court lacked jurisdiction or that the statutory text should mean 60 calendar days. These views explain the stakes and different legal approaches.