United States v. Becerril-Lopez, 541 F.3d 881 (9th Cir. Aug. 29, 2008) (immigration judge was not required to give advice of availability of pre-hearing voluntary departure, under pre-IIRAIRA law, because the relief would have been granted prior to the respondents appearance before the IJ).
Note: The court gave no opinion on the possible outcome of this issue had post-IIRAIRA rules applied, which allow the IJ to grant "pre-hearing" voluntary departure at the master calendar hearing. INA 240B(a)(1).