Velazquez v. Bondi

Questions presented

SCOTUS records, cert granted 2 Jul 2024

Federal immigration law allows the government to grant a "voluntary departure" period of up to 60 days to a noncitizen "of good moral character" who receives an adverse decision in removal proceedings. 8 U.S.C. §1229c(b). If the noncitizen fails to depart during that window, he or she is subject to a civil fine and is ineligible for various forms of immigration relief (like cancellation of removal or adjustment of status) for 10 years. §1229c(d)(1). If, however, the noncitizen "file[s] a post-decision motion to reopen or reconsider during the period allowed for voluntary departure," the penalties for failure to voluntarily depart do not apply. 8 C.F.R. § 1240.26(b)(3)(iii). The question presented is: When a noncitizen's voluntary-departure period ends on a weekend or public holiday, is a motion to reopen filed the next business day sufficient to avoid the penalties for failure to depart?

Opinion summary

Etalia.ai summary of the majority opinion

The case involved a challenge to Florida's law restricting the eligibility of certain individuals for public office based on their prior criminal convictions. The petitioner, Velazquez, argued that the law violated his constitutional rights under the Equal Protection Clause and First Amendment by imposing an undue burden on his ability to run for office after serving time for a non-violent felony. The Supreme Court held in favor of Velazquez, ruling that such restrictions were overly broad and not sufficiently justified by any compelling state interest. The decision emphasized the importance of allowing rehabilitated individuals to participate fully in democratic processes and recognized voting as a fundamental right protected from unnecessary governmental interference.