Immigration · Primary-source case analysis

Dada: A Noncitizen May Withdraw Voluntary Departure to Pursue Reopening

By Aneeta Mishra and Timothy Chan

Published May 14, 2026

Dada v. Mukasey reconciled the fixed voluntary-departure period with the statutory right to file one motion to reopen.

Two statutory mechanisms collided

A person granted voluntary departure could face penalties for remaining while a timely motion to reopen remained unresolved.

Automatic tolling was rejected

The Court found that extending the departure period would alter the specific duration Congress prescribed.

Withdrawal preserved the reopening right

Before the period expired, the noncitizen could give up voluntary departure and remain to pursue the motion under the ordinary removal regime.

The case was remanded

The Court supplied the withdrawal mechanism while leaving the merits of reopening for further proceedings.

Key takeaways

• Calendar the voluntary-departure expiration precisely.
• Decide whether to preserve departure benefits or pursue reopening.
• File any withdrawal request before the period ends.
• Develop the motion-to-reopen merits independently of the timing mechanism.