In yet another blow to immigration law enforcement, the Supreme Court ruled 5–4 on Tuesday in Monsalvo Velázquez v. Bondi that illegal aliens granted voluntary departure under federal immigration law may remain in the United States past their court-ordered departure deadline—if that deadline falls on a weekend or legal holiday.
Justice Neil Gorsuch authored the majority opinion—joined by Justices Roberts, Sotomayor, Kagan, and Jackson—effectively rewriting the meaning of a ’60-day’ voluntary departure period to favor the convenience of deportable individuals over the rule of law.
At the center of the case was Hugo Monsalvo Velázquez, a Mexican national who entered the U.S. illegally nearly 20 years ago and was ordered to leave within 60 days.
His departure deadline fell on a Saturday, but instead of leaving, he waited until Monday to file a motion to reopen his case.
Both the Board of Immigration Appeals and the Tenth Circuit Court of Appeals ruled that he missed his deadline. But the Supreme Court has now overruled them, injecting ambiguity into what was once a clear and firm immigration deadline.
In a strong dissent, Justice Clarence Thomas—joined by Justices Alito, Kavanaugh, and Barrett—blasted the majority for stretching the law beyond its clear terms, arguing that “60 days means 60 days,” not “whenever the alien gets around to it.”
The ruling relies on regulatory interpretations dating back to the 1950s, which the majority used to argue that deadlines should be extended past weekends or holidays. But critics say the Court is conflating administrative filing rules with statutorily mandated deadlines designed to expedite removals—not delay them.
The implications of this ruling are far-reaching. It opens the door to countless future immigration cases where deadlines may be contested or manipulated on technicalities—further undermining an already overwhelmed immigration enforcement system.
This story is still developing… We’ll keep you updated as more details emerge.
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