Supreme Court Rules in Favor of Immigrant in Voluntary Departure Case
By Space Coast Daily // April 22, 2025
Chief Justice John Roberts, Justice Neil Gorsuch join the court’s liberal justices in ruling
WATCH: Virginia Gov. Glenn Youngkin breaks down the state’s 521 total arrests of criminal immigrants on ‘The Story.’
WASHINGTON D.C. — The U.S. Supreme Court on Tuesday issued a narrow 5-4 decision in an immigration case, with Chief Justice John Roberts and Justice Neil Gorsuch joining the court’s liberal justices in siding with an immigrant challenging the government’s interpretation of a departure deadline.
The case, Monsalvo Velazquez v. Bondi, focused on the 60-day “voluntary departure” period, a timeframe that allows certain immigrants—those deemed to be of good moral character—to leave the United States on their own.
At issue was whether the deadline should be extended when the final day falls on a weekend or a federal holiday. The majority ruled that in such cases, the deadline is extended to the next business day, a position that aligns with established administrative practices.
Writing for the majority, Gorsuch stated that this interpretation reflects long-standing norms in immigration and administrative law. He cited regulations dating back to the 1950s that exclude weekends and holidays when computing legal deadlines, a practice reinforced by the 1996 Illegal Immigration Reform and Immigrant Responsibility Act.
“When Congress adopts a new law against the backdrop of a ‘long-standing administrative construction,’ the Court generally presumes the new provision works in harmony with what came before,” Gorsuch wrote.
Joining Gorsuch in the majority were Roberts and Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson.
The decision may offer insight into how the justices could approach upcoming immigration-related cases currently pending before the court.
