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ZAZUETA-CARRILLO v. ASHCROFT

No. 02-70259.

322 F.3d 1166 (2003)

Manuel ZAZUETA-CARRILLO, Petitioner, v. John D. ASHCROFT, U.S. Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed March 13, 2003.

As Amended April 25, 2003.

Attorney(s) appearing for the Case

Kevin A. Bove, Escondido, CA, for petitioner Manuel Zazueta-Carrillo.

Robert D. McCallum, Jr., Assistant Atty. Gen., Civil Division, Washington, DC, David V. Bernal, Asst. Dir., Office of Immigration Litigation, Washington, DC, Barry J. Pettinato, Trial Attorney, Office of Immigration Litigation, Washington, DC, for respondent John D. Ashcroft.

Before: CANBY, GOULD, and BERZON, Circuit Judges.

Opinion by Judge GOULD; Concurrence by Judge BERZON.

GOULD, Circuit Judge.

When the Board of Immigration Appeals (BIA) decides that an alien is removable from the United States, the BIA may have discretion under 8 U.S.C. § 1229c to grant the alien the privilege of "voluntary departure." Voluntary departure is a time period during which the alien may leave the United States voluntarily rather than be removed. In this case, we are asked to decide when...

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