New 9th Circuit and BIA Immigration Cases

**Clarifies new voluntary departure regs at 8 C.F.R. § 1240.26(c)**

The voluntary departure regulations at 8 C.F.R. § 1240.26(c)(4), Nt. (2009), which took effect on January 20, 2009, and superseded Matter of Diaz-Ruacho, 24 I&N Dec. 47 (BIA 2006), do not apply retroactively.  A respondent who was granted VD by an IJ before the January 20, 2009,  and failed to timely post the VD bond required by section 240B(b)(3) of the INA will not be subjected to the penalties imposed by section 240B(d)(1) for failure to depart within the VD  period.  Because the IJ granted VD to the respondent prior to the effective date of the new rule and that grant was vacated under the prior regulatory scheme,  when the respondent failed to post the required bond, there was no VD  order forthe Board to reinstate on appeal.  In addition, a VD order entered by an IJ on or after January 20, 2009, will not be reinstated by the BIA in its final order on appeal unless the respondent provides the BIA, within 30 days of filing the appeal, sufficient proof that bond was timely posted with DHS.

http://www.justice.gov/eoir/vll/intdec/vol25/3664.pdf

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