On 12 October 2011, the Ninth Circuit held that the period of voluntary departure legally expires on the business day after the weekend on which the period technically expires, where the alien files an emergency request for extension. In Meza-Vallejos v. Holder (Case No. 07-70638), a Peruvian citizen held a non-immigrant visa with authorization to stay through 16 July 2005, which was a Saturday. On Monday, 18 July 2005, the Peruvian citizen filed a motion to reopen his previously rejected petition for political asylum and an emergency request for an extension of his voluntary departure period. At that time, the law of the Ninth Circuit provided that "in cases in which a motion to reopen is filed within the voluntary departure period and a stay of removal or voluntary departure is requested, the voluntary departure period is tolled during the period the BIA is considering the motion." Overturning the BIA's rejection of the Peruvian citizen's request for extension, the Ninth Circuit dictated that it would be fundamentally arbitrary and unjust to find overstay when the last day of the period of voluntary departure falls on a day in which an immigrant cannot file a motion for affirmative relief with the BIA.
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