Supreme Court considers whether 60‑day voluntary‑departure period extends when it falls on a weekend

The U.S. Supreme Court on Wednesday heard argument in Velasquez v. Garland over whether the 60‑day statutory cap on voluntary departure is extended when the last day falls on a weekend or holiday.

Mister Cedrone, counsel for the petitioner, told the justices the Court should apply the same rollover rule that governs many statutory and regulatory deadlines: when a deadline falls on a legally recognized non‑business day, it carries over to the next business day. "The default rule for weekends and holidays exists precisely to avoid this kind of case‑by‑case guesswork," Cedrone said, arguing that a court reading that departs from the established regulatory definition of "day" would create uncertainty and hardship for noncitizens facing deportation.

Cedrone cited the agency regulation identified in the argument as §1,001.1, Federal Rule of Civil Procedure 6(a), and decades of practice and precedent as support for treating the 60‑day period like other time periods that roll to the next business day. He warned that the government's view would force lawyers and pro se litigants to perform…