In Monsalvo Velazquez v. Bondi the Supreme Court held that when a voluntary departure deadline under 8 U.S.C. §1229c(b)(2) lands on a weekend or legal holiday, it carries over to the next business day.
Monsalvo Velázquez had been granted 60 days to voluntarily depart the U.S. He filed a motion to reopen on the following Monday after day 60 fell on a Saturday. The Board of Immigration Appeals and the Tenth Circuit rejected the motion as late, reading “60 days” to mean calendar days, no exceptions.
The Court reversed. Drawing on longstanding legal and regulatory practice, the majority held that “days” in this context includes the standard rule: deadlines falling on a weekend or holiday extend to the next business day. Congress legislated against that backdrop, and nothing in the statute suggested a break from it.
Justice Gorsuch wrote for the Court, joined by Roberts, Sotomayor, Kagan, and Jackson. Justice Thomas dissented, joined by Alito, Kavanaugh, and Barrett in part. Alito and Barrett also filed separate dissents.
