ZMIJEWSKA

Citations

• 24 I. & N. Dec. 87

Syllabus

ZMIJEWSKA, 24 I&N Dec. 87 (BIA 2007) ID 3552 (PDF) (1) The Board of Immigration Appeals lacks authority to apply an \exceptional circumstances\ or other general equitable exception to the penalty provisions for failure to depart within the time period afforded for voluntary departure under section 240B(d)(1) of the Immigration and Nationality Act, 8 U.S.C.A. § 1229c(d)(1) (West Supp. 2006). (2) An alien has not voluntarily failed to depart the United States under section 240B(d)(1) of the Act when the alien, through no fault of his or her own, was unaware of the voluntary departure order or was physically unable to depart within the time granted.