Matter of Romalez, 23 I&N Dec. 423 (BIA 2002) (voluntary departure "under threat of deportation" breaks continuous physical presence for purposes of non-LPR cancellation of removal).



NOTE: The BIA and other courts distinguish between situations where the applicant makes an agreement to voluntarily depart or withdraw an application for admission in lieu of proceedings versus those situations where the applicant was turned around at the border and did not enter into a formal agreement (even if applicant for admission was temporarily detained).



Cases finding voluntary departure or withdrawal: Matter of Avilez-Nava, 23 I&N Dec. 799 (BIA 2005); Mendez-Reyes v. Atty. Gen., 428 F.3d 187 (3d Cir. 2006); Mieles-Valdez v. Ashcroft, 349 F.3d 213 (5th Cir. 2003); Flores Palomino v. Ashcroft, 354 F.3d 942 (8th Cir. 2004); Vasquez-Lpez, 343 F.3d 961 (9th Cir. 2003).



Cases finding noncitizen was informally "turned back": MoralesMorales v. Ashcroft, 384 F.3d 418 (7th Cir. 2004); Reyes-Vasquez v. Ashcroft, 395 F.3d 903 (8th Cir. 2005); Ortiz-Cornejo v. Gonzales, 400 F.3d 610 (8th Cir. 2005); Tapia v. Gonzales, 430 F.3d 997 (9th Cir. 2005); Ibarra-Flores v. Gonzales, 439 F.3d 614 (9th Cir. 2006).



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