§ 1229c. Voluntary departure
(a)
Certain conditions
(1)
In general
The Attorney General may permit an alien voluntarily to depart the United States at the alien’s own expense under this subsection, in lieu of being subject to proceedings under section
1229a of this title or prior to the completion of such proceedings, if the alien is not deportable under section
1227
(a)(2)(A)(iii) or section
1227
(a)(4)(B) of this title.
(2)
Period
(A)
In general
Subject to subparagraph (B), permission to depart voluntarily under this subsection shall not be valid for a period exceeding 120 days.
(B)
Three-year pilot program waiver
During the period October 1, 2000, through September 30, 2003, and subject to subparagraphs (C) and (D)(ii), the Attorney General may, in the discretion of the Attorney General for humanitarian purposes, waive application of subparagraph (A) in the case of an alien—
(i)
who was admitted to the United States as a nonimmigrant visitor (described in section
1101
(a)(15)(B) of this title) under the provisions of the visa waiver pilot program established pursuant to section
1187 of this title, seeks the waiver for the purpose of continuing to receive medical treatment in the United States from a physician associated with a health care facility, and submits to the Attorney General—
(I)
a detailed diagnosis statement from the physician, which includes the treatment being sought and the expected time period the alien will be required to remain in the United States;
(II)
a statement from the health care facility containing an assurance that the alien’s treatment is not being paid through any Federal or State public health assistance, that the alien’s account has no outstanding balance, and that such facility will notify the Service when the alien is released or treatment is terminated; and
(C)
Waiver limitations
(i)
Waivers under subparagraph (B) may be granted only upon a request submitted by a Service district office to Service headquarters.
(ii)
Not more than 300 waivers may be granted for any fiscal year for a principal alien under subparagraph (B)(i).
(3)
Bond
The Attorney General may require an alien permitted to depart voluntarily under this subsection to post a voluntary departure bond, to be surrendered upon proof that the alien has departed the United States within the time specified.
(4)
Treatment of aliens arriving in the United States
In the case of an alien who is arriving in the United States and with respect to whom proceedings under section
1229a of this title are (or would otherwise be) initiated at the time of such alien’s arrival, paragraph (1) shall not apply. Nothing in this paragraph shall be construed as preventing such an alien from withdrawing the application for admission in accordance with section
1225
(a)(4) of this title.
(b)
At conclusion of proceedings
(1)
In general
The Attorney General may permit an alien voluntarily to depart the United States at the alien’s own expense if, at the conclusion of a proceeding under section
1229a of this title, the immigration judge enters an order granting voluntary departure in lieu of removal and finds that—
(A)
the alien has been physically present in the United States for a period of at least one year immediately preceding the date the notice to appear was served under section
1229
(a) of this title;
(B)
the alien is, and has been, a person of good moral character for at least 5 years immediately preceding the alien’s application for voluntary departure;
(C)
the alien is not deportable under section
1227
(a)(2)(A)(iii) or section
1227
(a)(4) of this title; and
(d)
Civil penalty for failure to depart
(1)
In general
Subject to paragraph (2), if an alien is permitted to depart voluntarily under this section and voluntarily fails to depart the United States within the time period specified, the alien—
(2)
Application of VAWA protections
The restrictions on relief under paragraph (1) shall not apply to relief under section
1229b or
1255 of this title on the basis of a petition filed by a VAWA self-petitioner, or a petition filed under section
1229b
(b)(2) of this title, or under section
1254
(a)(3) of this title (as in effect prior to March 31, 1997), if the extreme cruelty or battery was at least one central reason for the alien’s overstaying the grant of voluntary departure.
(e)
Additional conditions
The Attorney General may by regulation limit eligibility for voluntary departure under this section for any class or classes of aliens. No court may review any regulation issued under this subsection.
(f)
Judicial review
No court shall have jurisdiction over an appeal from denial of a request for an order of voluntary departure under subsection (b) of this section, nor shall any court order a stay of an alien’s removal pending consideration of any claim with respect to voluntary departure.