What did the Court decide?
The Board gave Mr. Monsalvo 60 days to leave on October 12, 2021. The 60th day was Saturday, December 11. His lawyer served a motion to reopen on Friday and sent it by overnight delivery, and the Board accepted it on Monday, December 13. The Board said he was too late, which would also have barred nearly all relief for a decade. The Tenth Circuit agreed. The Supreme Court reversed 5-4. In immigration law, days has long carried a specialized meaning, reflected today in 8 C.F.R. § 1001.1(h): a period ending on a weekend or legal holiday runs to the next business day. The Ninth Circuit already read it that way, and the rule now applies nationally, including Florida. Next step: check your order today for the exact date and the day of the week it falls on.
How do I count, and how far does this rule go?
Count from the date stated in the order; in this case, 60 days from October 12 reached December 11. If the last day is a Saturday, Sunday or legal holiday, the time runs to the next business day. The ruling interpreted the 60-day limit in 8 U.S.C. § 1229c(b)(2). It does not extend the time in any other way. It does not mean every immigration deadline moves, and it says nothing about a weekday deadline you simply miss. If your order states a calendar date, or your grant came earlier in the case with up to 120 days, ask a lawyer before relying on the extra days. Airports stay open on weekends. Only DHS may extend the time, and the total cannot exceed the 60 or 120 days. Next step: plan to leave at least several days early.
What happens if I miss the deadline?
The alternate removal order that the judge had to enter takes over. Under § 1229c(d), you face a civil penalty, now $1,992 to $9,970 after inflation adjustments and generally $3,000 by default, and for 10 years you cannot receive voluntary departure, cancellation of removal, adjustment of status, change of status or registry, except certain VAWA-based relief. Penalties can arrive late: in Matter of R-P-L- (2026), the Board upheld a $3,000 fine imposed some 20 years after the departure deadline. Fines imposed since June 27, 2025 are appealed within DHS, not to the Board. The notice of appeal must be postmarked within 15 business days of service, or the decision becomes final; ICE may accept a late appeal only for a documented mail delay beyond your control. Staying under a final order can add up to $998 a day if the failure is willful. Next step: if you cannot leave on time, see a lawyer before the deadline.
What if I file a motion or go to federal court?
Filing during the period protects you from the penalties, at a price. Under 8 C.F.R. § 1240.26, a motion to reopen or reconsider filed during the departure period ends the grant automatically, and the alternate removal order takes effect at once. The penalties under § 1229c(d) do not apply. A motion filed after the period expires does not change it and generally does not undo penalties. A petition for review under INA § 242 also ends the grant. For a grant at the end of a case, you avoid being treated as removed if you leave within 30 days of filing the petition and prove it. Neither filing extends your time to depart. Monsalvo also confirms courts can review a legal dispute about your departure period without a challenge to removability. Next step: before you file anything, decide whether you are staying to fight or leaving, because the filing itself ends the grant.
What must I do to keep the grant?
For a grant at the end of a case, you must post a bond of at least $500 with the ICE Field Office Director within 5 business days of the order. Missing it does not cancel your duty to leave, and the penalties still apply. If you appeal, you must give the Board proof of the bond within 30 days of filing or it will not reinstate the departure period. You need a passport or other travel document. For a grant earlier in the case, if the document is not yet available, a judge may allow up to 120 days on condition that you present it within 60 days. Keep proof of timely departure, such as boarding passes, and apply to the same ICE office to cancel the bond. Next step: write the bond date and the departure date on one sheet, and pay the bond the first day you can.
Should I ask for voluntary departure at all?
It can help, but it costs you the fight. Early in the case, you generally must ask by the master calendar hearing at which the case is first set for a merits date, concede removability, drop other relief and waive appeal, for up to 120 days. At the end of the case, you get at most 60 days and need one year of presence before a compliant Notice to Appear, 5 years of good moral character, no aggravated felony and clear and convincing proof of the means and intent to leave. Missing a hearing can also bar this relief for 10 years, as our in absentia guide explains. Ace Immigration's removal defense page describes how we weigh this choice. Next step: decide before you waive anything, because waiving appeal makes the decision final.