Dada v. Mukasey, ___ U.S. ___, 128 S.Ct. 2307 (2008) (filing a motion to reopen does not toll a period of voluntary departure, however, noncitizen should be provided with opportunity, prior to expiration).



Note: The 3d, 8th, 9th, and 11th Circuits had previously found that the filing of a motion to reopen automatically tolls the voluntary departure period, while the 1st, 4th and 5th Circuits had rejected the tolling arguments. The BIA also refused to toll the voluntary departure period. Matter of Shaar, 20 21 I&N Dec. 541 (BIA 1996).