4.13 - Effect of Departure

(a) Respondent's Appeal

Departure from the United States can jeopardize a respondent’s right to appeal, even when the departure is authorized or compelled by DHS.  Departure from the United States prior to filing an appeal may be construed as a waiver of the right to appeal.  Departure from the United States while an appeal is pending may be construed as a withdrawal of that appeal.  See 8 C.F.R. §§ 1003.3(e), 1003.4.

(b) DHS Appeal

The respondent’s departure from the United States while a DHS appeal is pending does not constitute a withdrawal of the DHS appeal, nor does it render the DHS appeal moot.