In the Matter of M-A-S

3 Citing cases

  1. United States v. Guzman

    1:18-cr-216-GHW (S.D.N.Y. Jul. 17, 2018)   Cited 2 times

    Mr. Guzman has presented the Court with a number of decisions by the Board of Immigration Appeals in which immigration judges have exercised their discretion to grant voluntary departure under similar circumstances. See Matter of M-A-S-, 24 I. & N. Dec. 762 (B.I.A. 2009); Matter of Perez-Valle, 17 I. & N. Dec. 581 (B.I.A. 1980); In Re: Jimenez, 2011 WL 4446823, at *1 (B.I.A. Aug. 26, 2011); In Re: Chia I Lui-Dix, 2011 WL 1373693 (CHI), at *3 (B.I.A. Mar. 23, 2011); In Re: Munoz-Alcala, 2011 WL 4730936 (B.I.A. Sept. 19, 2011); In Re: Sanabria-Dominguez, 2010 WL 2601495 (B.I.A. May 25, 2010). Two of the decisions by the Board of Immigration Appeals presented by the United States in support of its position, are arguably distinguishable because they each involve more adverse criminal activity than those presented by Mr. Guzman at the time of his 2009 hearing.

  2. Badrawi v. U.S.

    787 F. Supp. 2d 204 (D. Conn. 2011)   Cited 5 times
    Concluding that Rotimi was inapplicable because it "did not involve a removal proceeding; it did not involve an H-1B visa holder; and, it did not involve the regulation at issue here"

    “Voluntary departure under safeguards” appears to refer generally to a procedure involving detention until departure. See In re M–A–S–, 24 I. & N. Dec. 762, 766 (B.I.A.2009) (“the term ‘voluntary departure with safeguards' is commonly used to characterize the requirement that an alien remain in custody until he or she departs from the United States”).The IJ accepted that agreement and asked whether 30 days would provide enough time.

  3. People v. The N. River Ins. Co.

    82 Cal.App.5th 138 (Cal. Ct. App. 2022)

    Although "detention by civil authorities" does not require that the defendant be in actual physical custody or confined to a prison or jail ( People v. United Bonding Insurance (1970) 12 Cal.App.3d 349, 352, 90 Cal.Rptr. 714 ), here the defendant was physically detained by the Department of Homeland Security from November 2018 until he was returned to Mexico in late February 2019 pursuant to an immigration judge's order granting voluntary departure under safeguards. ( Matter of M-A-S (B.I.A. 2009) 24 I. & N. Dec. 762, 766 [the practice of detaining a noncitizen until he or she departs is known as " ‘voluntary departure with safeguards’ "].) A criminal defendant's "forced deportation" from the United States coupled with federal law barring reentry also constitutes a detention under the bail forfeiture statute. ( People v. American Surety Ins. Co. (2000) 77 Cal.App.4th 1063, 1066, 92 Cal.Rptr.2d 216 ( American Surety ).)