This is the deadline the Federal Court in Denver has imposed on undocumented immigrants to “self-deport”

In the United States, a new controversy over an anti-immigrant decision begins in Denver, Colorado. It has to do with ‘self-deportation’.

The Federal Court of Appeals for the Tenth Circuit in Denver overturned a court order taken in California 12 years ago, now requiring non-citizens with deportation orders to leave the United States within 60 calendar days.

Otherwise, there is also the option to “request a review of your case during that period, regardless of days on which Immigration and Customs Enforcement offices are closed.”

This was reported by the San Diego Union-Tribune, citing the EFE agency.

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Self-deportation without grace period

In Denver, on Wednesday, October 11, 2023, the Federal Court of Appeals for the Tenth Circuit released the aforementioned ruling, stating that “undocumented immigrants have 60 calendar days, regardless of weekends or holidays, to deport themselves.”, which contradicts a 2011 federal ruling that allowed a grace period for non-work days.”

Twelve years ago, the Federal Court of Appeals for the Ninth Circuit in San Francisco, California, reviewed the case and the judges opted for the existence of “a grace period because otherwise the immigrant might have to deport himself before age 60.” days if your deadline to leave the country was a weekend.

The law, even if strict, must be obeyed

The case that led to the Denver decision comes in response to the request of migrant Hugo Abisai Monsalvo, a native of Mexico.

This man entered the United States “without proper documentation and received a deportation order in 2011.” He spent eight years analyzing and trying legal remedies to overturn it, all was in vain and in 2019 the aforementioned order was confirmed.

Four years ago, according to The San Diego Union Tribune, “the judge gave Monsalvo 60 days to leave the country, which was December 11 of that year (it was a Saturday), and reminded him that if he wouldn’t, he would. would be deported by the force and would be barred from entering the United States for ten years.

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The Mexican appealed again and requested a review of the case on December 13, 2021, arguing that he still had time to do so because of the weekends, according to the 2011 San Francisco court ruling.

Monsalvo suffered two setbacks: first at the Board of Immigration Appeals and then at the Federal Court of Appeals in Denver.

The media points out that the case was closed on September 8, 2023 in Denver and the final word from the judges was: “We recognize that while voluntary departure protects an individual from the harsh consequences of a deportation order, accepting that option requires careful consideration required. given the significant consequences if you do not leave on time.”

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The judges did not fail to recognize “that immigrants in situations similar to Monsalvo’s face the difficult options of leaving within the voluntary period and remaining eligible to re-enter the country, or to continue their case and risk being forcibly deported if they lose.”

The judicial authorities have also not forgotten to resort to the old verdict.hard lex, thirsty lex‘ and they said that ‘those are the laws and (immigrants) are obliged to obey them.’

The impact of this decision in Denver has one direction: it must be litigated before the Supreme Court of the United States, which would have the power to end “the discrepancy between the two courts.”

The San Diego Union-Tribune states that there is currently no indication that this will happen in the near future.

(JO)