Issues
Samson Taiwo Dada, a citizen of Nigeria, overstayed a temporary visitor's visa. After removal proceedings, Dada was granted voluntary departure. Dada failed to leave the United States within the voluntary departure period and instead moved before the Board of Immigration Appeals to reopen his removal proceedings. Dada argued that the voluntary departure period should be tolled pending the outcome of his motion. Dada contended that otherwise, he and similarly situated aliens would be forced either to abandon their motions to reopen or illegally remain in the United States beyond the voluntary departure period. The Board denied Dada's motion and the Fifth Circuit affirmed. The outcome of this case will settle a circuit split concerning the legal effect of motions to reopen and will influence aliens' decisions to seek to reopen removal proceedings.
Questions as Framed for the Court by the Parties
Whether the filing of a motion to reopen removal proceedings automatically tolls the period within which an alien must depart the United States under an order granting voluntary departure.
Facts
Analysis
Discussion
Conclusion
The Supreme Court's decision in Dada's case will resolve the circuit courts' conflicting interpretations of the voluntary departure and motion to reopen provisions. A decision in Dada's favor will result in the tolling of the voluntary departure period when legal claims are brought within this period. Tolling would enable aliens eligible for voluntary departure to stay in the United States until their claims are resolved but may undermine the specific statutory time limits on the voluntary departure period. On the other hand, a decision in the Attorney General's favor would result in the strict adherence to the time limitations placed on voluntary departure periods. However, a no-tolling provision may discourage aliens from requesting voluntary departure for fear that their request will indirectly result in the waiver of the right to bring legal claims after removal proceedings have taken place.Written by:
Tiffany Sepulveda
Edited by:
Ferve Ozturk
Acknowledgments
Additional Resources
- Legal Information Institute: Law About . . . Immigration.
- American Immigration Law Foundation.
- SCOTUS Wiki: Dada v. Mukasey.