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The material contrasts pleading, appeal, discretionary standards, departure at own expense, travel document requirements, bond and conditions, and bars for aggravated felony and security grounds, also addressing GMC and prior voluntary departure limits.",{"@graph":63,"@context":119},[64,80,102],{"@type":65,"itemListElement":66},"BreadcrumbList",[67,71,74,77],{"item":68,"name":69,"@type":70,"position":9},"https://docshare.wps.com","Home","ListItem",{"item":72,"name":10,"@type":70,"position":73},"https://docshare.wps.com/template/",2,{"item":75,"name":51,"@type":70,"position":76},"https://docshare.wps.com/template/general/",3,{"item":78,"name":59,"@type":70,"position":79},"https://docshare.wps.com/template/voluntary-departure-cheat-sheet-removal-proceedings/572648/",4,{"url":78,"name":59,"@type":81,"image":82,"author":87,"headline":59,"publisher":90,"fileFormat":93,"inLanguage":57,"description":61,"dateModified":94,"datePublished":95,"encodingFormat":93,"isAccessibleForFree":96,"interactionStatistic":97},"DigitalDocument",{"url":83,"@type":84,"width":85,"height":86},"https://docshare.wps.com/thumbnails/voluntary-departure-cheat-sheet-removal-proceedings/572648.png","ImageObject",442,249,{"name":88,"@type":89},"Guten Appetit_Joghurt","Person",{"url":68,"name":91,"@type":92},"DocShare","Organization","application/pdf","2026-10-21","2026-10-13",true,{"@type":98,"interactionType":99,"userInteractionCount":101},"InteractionCounter",{"@type":100},"ViewAction",8,{"@type":103,"mainEntity":104},"FAQPage",[105,111,115],{"name":106,"@type":107,"acceptedAnswer":108},"What are the maximum periods for voluntary departure under INA § 240B?","Question",{"text":109,"@type":110},"Under 240B(a), the maximum period is up to 120 days; under 240B(b), it is up to 60 days.","Answer",{"name":112,"@type":107,"acceptedAnswer":113},"When must a request for voluntary departure be made in each scenario?",{"text":114,"@type":110},"For 240B(a), the respondent must request voluntary departure prior to or at the master calendar hearing initially scheduled for a merits hearing, and the proceedings must not have progressed beyond 30 days after that hearing. For 240B(b), the respondent may request voluntary departure up until the conclusion of proceedings.",{"name":116,"@type":107,"acceptedAnswer":117},"What types of bars prevent a respondent from qualifying for voluntary departure?",{"text":118,"@type":110},"Both sections bar eligibility if the respondent is removable under INA § 237(a)(2)(A)(iii) (aggravated felony) or INA § 237(a)(4) (security and related grounds). The sheet also reflects a prior voluntary departure bar after inadmissibility findings under INA § 212(a)(6)(A) and additional GMC-related requirements under 240B(b).","https://schema.org",{"og:url":78,"og:type":121,"og:title":59,"og:site_name":91,"og:description":61},"article",{"robots":123,"canonical":78},"index,follow",{"doc_id":125,"site_id":56},572648,1792122438,{"code":4,"msg":5,"data":128},{"doc_id":125,"user_id":129,"nickname":88,"user_avatar":130,"doc_module":9,"category_id":50,"category_name":51,"doc_title":59,"doc_description":61,"doc_content":131,"file_id":132,"file_url":133,"file_type":134,"file_size":135,"view_count":101,"is_deleted":4,"is_public":9,"is_downloadable":9,"audit_status":9,"page_count":136,"language":137,"language_code":57,"site_id":56,"html_lang":57,"table_of_contents":138,"faqs":139,"seo_title":140,"seo_description":61,"update_tm":141,"read_time":142},1374408768420,"https://ap-avatar.wpscdn.com/davatar_6f874abed73319feea01a86fa6f0fab8","Philip J. Costa, Deputy Chief Counsel, NYOCC Genevieve Noble, Assistant Chief Counsel, NYOCC  \nU.S. Immigration and Customs Enforcement July 6, 2007  \nVOLUNTARY DEPARTURE CHEAT SHEET – REMOVAL PROCEEDINGS  \n(See INA § 240B; 8 CFR § 1240.26)  \n\n|  | 240B(a) VD (up to 120 days) | 240B(b) VD (up to 60 days) |\n| --- | --- | --- |\n|  |  |  |\n| MAXIMUM PERIOD | 120 days | 60 days |\n| ARRIVING\u003Cbr>ALIENS/PHYSICAL\u003Cbr>PRESENCE BAR? | R may not be an arriving alien (but there is no required period of physical presence) . | R must have been physically present in the U.S. for at least one year immediately preceding service of the NTA (potentially may include some arriving aliens) . |\n| TIMING OF REQUEST | R must make request for VD prior to or at master calendar hearing at which case is initially scheduled for a merits hearing. | R may make request up until conclusion of proceedings. |\n| STAGE OF PROCEEDINGS | Proceedings must not have progressed beyond 30 days after the master calendar hearing at which the case was initially scheduled for a merits hearing. | R may make request up until conclusion of proceedings. |\n| PLEADING AND APPEAL REQUIREMENTS | R must concede removability, must forego all additional requests for relief, and must waive appeal of all issues. | R may contest removability, litigate additional requests for relief, and reserve appeal on all issues. |\n| DEPARTURE AT OWN EXPENSE | Not necessarily. See Matter of Arguelles, 22 I&N Dec. 811, 817 (BIA 1999); INA\u003Cbr>§ 241(e)(3)(C) . | 8 CFR § 1240.26(c)(1)(iv) requires R to prove that he has the means to depart immediately. But see INA § 241(e)(3)(C) . |\n| TRAVEL DOCUMENT | R must present a valid travel document (unless DHS already has R’s travel document, or travel document is not required by country to which departing) . IJ’s order may provide for presentation of travel document within no more than 60 days. | R must present valid travel document for inspection by the DHS before VD is granted. |\n| BOND/OTHER CONDITIONS | IJ, in her discretion, may impose a bond. R also must satisfy any other conditions that the IJ imposes to ensure timely departure. | IJ must impose a VD bond of at least $500, tobe paid within 5 business days of entry of VD order. R also must satisfy any other conditions that IJ imposes to ensure timely departure. |\n| DISCRETION | R must merit a favorable exercise of discretion. | R must merit a favorable exercise of discretion. |\n| AGGRAVATED FELONY BAR | R is barred if removable per INA § 237(a)(2)(A)(iii) (aggravated felony) . | R is barred if removable per INA § 237(a)(2)(A)(iii) (aggravated felony) . |\n| SECURITY BAR | R is barred if removable per INA § 237(a)(4)(security and related grounds) (regs contain more inclusive bar than statute) . | R is barred if removable per INA § 237(a)(4)(security and related grounds) . |\n| GMC BAR? | No express GMC requirement (but GMC issues may be relevant to discretion) . | R must demonstrate GMC for at least five years immediately preceding the VD application. |\n| PREVIOUS VD BAR | R is barred if previously afforded VD in removal proceedings after having been found inadmissible per INA § 212(a)(6)(A) (i.e., as a PWAP) . | R is barred if previously afforded VD in removal proceedings after having been found inadmissible per INA § 212(a)(6)(A) (i.e., as a PWAP) . |\n| BY STIPULATION? | Yes, but only for purposes of overcoming problems with timing of request or stage of proceedings, and only with DCC approval. | No. |\n| ALTERNATE ORDER OF REMOVAL | IJ must enter an alternate order of removal. | IJ must enter an alternate order of removal. |\n\n2010FOIA4519.000001  \n1) Page 1 of 9  \nAlfred, Angela A  \nFrom:  \n(b)(6),(b)(7)(C)  \n@[dhs.gov](dhs.gov)]  \nSent: Friday, November 14, 2008 1:32 PM  \nTo:  \n(b)(6),(b)(7)(C)  \nSubject: NTA-requierment, Special Circumstances and Prosecutorial discretion  \nChapter 2  \nImmigration Proceedings  \n2.2 Notice to Appear  \nI. INTRODUCTION  \nRemoval proceedings, conducted under section 240 of the I","cbCaibaz4fCWf4xq","https://ap.wps.com/l/cbCaibaz4fCWf4xq","pdf",27868962,392,"English","# VOLUNTARY DEPARTURE CHEAT SHEET - REMOVAL PROCEEDINGS\n## 240B(a) VD (up to 120 days)\n## 240B(b) VD (up to 60 days)\n# Chapter 2 - Immigration Proceedings\n## 2.2 Notice to Appear\n## I. INTRODUCTION\n## II. PROSECUTORIAL DISCRETION","[{\"question\":\"What are the maximum periods for voluntary departure under INA § 240B?\",\"answer\":\"Under 240B(a), the maximum period is up to 120 days; under 240B(b), it is up to 60 days.\"},{\"question\":\"When must a request for voluntary departure be made in each scenario?\",\"answer\":\"For 240B(a), the respondent must request voluntary departure prior to or at the master calendar hearing initially scheduled for a merits hearing, and the proceedings must not have progressed beyond 30 days after that hearing. For 240B(b), the respondent may request voluntary departure up until the conclusion of proceedings.\"},{\"question\":\"What types of bars prevent a respondent from qualifying for voluntary departure?\",\"answer\":\"Both sections bar eligibility if the respondent is removable under INA § 237(a)(2)(A)(iii) (aggravated felony) or INA § 237(a)(4) (security and related grounds). The sheet also reflects a prior voluntary departure bar after inadmissibility findings under INA § 212(a)(6)(A) and additional GMC-related requirements under 240B(b).\"}]","VOLUNTARY DEPARTURE CHEAT SHEET - REMOVAL PROCEEDINGS | PDF",1791928683,137]