Matter of Arguelles

Arguelles (defendant), a nonresident alien since 1987 who lived with his two U.S.-citizen children, volunteered at his church, had no criminal convictions but numerous traffic violations including extended driving without a license, and had voluntarily departed and returned to the U.S. five times, applied for voluntary departure before his most recent removal proceedings concluded. The immigration judge denied the application as a discretionary matter, citing his traffic violations and likelihood of illegally returning again, and Arguelles appealed.