In a closely divided 5-4 decision, the U.S. Supreme Court has ruled that deadlines for voluntary departure given to undocumented immigrants do not include weekends and legal holidays. The ruling centered on the case of Hugo Abisai Monsalvo Velazquez, a Mexican national who had been living in the United States without legal status and was ordered to leave the country.
The Daily Caller reports Velazquez contested that his 60-day period to depart, which concluded on a Saturday, should have been extended to the next available business day. Writing for the majority, Justice Neil Gorsuch posed the question: “Does every calendar day count?” He went on to conclude that, similar to other legal contexts, if a deadline falls on a weekend or public holiday, it extends to the next working day.
Gorsuch, along with Chief Justice John Roberts and the Court’s three liberal justices, formed the majority. The dissenting justices—Samuel Alito, Brett Kavanaugh, and two other conservatives—argued that the case should have been sent back to a lower court to determine whether federal courts had jurisdiction in the first place.
In his dissent, Justice Alito criticized the ruling, suggesting it unnecessarily grants a two-day grace period to individuals facing deportation. “There’s no evidence that the petitioner couldn’t travel to Mexico on that Saturday,” Alito noted, pointing out that transportation options were still available.
Alito further warned that the decision could lead to unequal treatment among migrants, giving some more time to leave than others depending on the day their deadline falls. Monsalvo Velazquez, originally from Mexico, had been living in the Denver area, court documents reveal. After immigration proceedings began in 2011, he applied for relief, claiming he feared persecution if returned to Mexico. He also requested the opportunity to leave voluntarily, which is often viewed as favorable for non-citizens because it allows them to avoid the penalties associated with forced removal, such as future bans on reentry.
Although his persecution claim was denied in 2019, an immigration judge granted him voluntary departure with a 60-day window—ending on a Saturday. Acknowledging the timing, the judge extended the deadline to the following Monday.
Velazquez later appealed to the Board of Immigration Appeals, which rejected his argument in October 2021 and reset the 60-day deadline. On December 10, 2021, just before the new deadline expired, Velazquez filed another appeal. However, the board received the paperwork the next Monday and denied the motion—leading to a legal battle that ultimately reached the Supreme Court.
