Dada v. Mukasey
United States Supreme Court
554 U.S. 1 (2008)
Relevant factsFree
After being ordered removed but granted voluntary departure, Dada (plaintiff) filed a motion to withdraw his voluntary departure request and simultaneously moved to reopen his case with new evidence of a bona fide marriage, two days before his 30-day departure deadline; the BIA denied the motion to reopen because he had overstayed his voluntary departure period, without addressing his withdrawal request, and the Fifth Circuit affirmed.
IssueFree
Whether an alien, subject to voluntary deportation, may unilaterally withdraw a voluntary departure request before the expiration of the departure period and pursue an administrative motion.
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