The direct answer
What if the BIA overlooks proof that a voluntary-departure bond was paid?
In Perez-Garcia v. Blanche, the Ninth Circuit held on September 25, 2026, that the BIA committed legal error by failing to consider dispositive bond-payment evidence already in the record. The court sent the case back for reconsideration; it did not automatically reinstate voluntary departure.
What happened in Perez-Garcia?
The immigration judge denied cancellation of removal but granted voluntary departure, requiring a $500 bond within five business days. The petitioner paid the bond the next day. He later appealed to the BIA and submitted the payment receipt with his appeal.
The BIA declined to reinstate voluntary departure because it said the record did not show timely proof of payment. The Ninth Circuit held that overlooking the dispositive receipt was a legal error. It remanded for the BIA to consider the evidence and reconsider reinstatement. The court separately denied the challenge to cancellation of removal.
A limited ruling about legal error
Judicial review of voluntary-departure decisions remains limited. The majority distinguished the failure to consider dispositive evidence from a request to reweigh facts or overturn a discretionary judgment. One judge dissented from the jurisdictional holding.
This is a Ninth Circuit decision about the record and legal claim presented in that case. It does not promise federal-court review or a favorable result in every voluntary-departure dispute.
Keep the payment and filing record together
A review should compare the immigration judge's order, the bond receipt, the BIA appeal, proof of submission and the BIA decision. The payment date and the date proof reached the BIA are separate questions.
- Preserve the complete order and its payment instructions.
- Keep the bond receipt and evidence showing when it was submitted.
- Have the BIA decision and current deadlines reviewed promptly.
Frequently asked questions
Quick answers
Did the court reinstate voluntary departure?
No. It returned the matter to the BIA to consider the payment evidence and reconsider whether to reinstate the voluntary-departure period.
Does every factual mistake create a federal appeal?
No. The majority treated the failure to consider dispositive evidence as legal error. It did not hold that every factual error or disagreement with the agency's discretion is reviewable.
What should I bring to an attorney review?
Bring the immigration judge's order, bond-payment receipt, appeal and filing confirmations, the BIA decision, and any current deadline notices. The available options depend on the record and procedural posture.
Sources and further reading
Use these links to review the reporting, official guidance or underlying rule.
Perez-Garcia v. Blanche, No. 24-1092 — Ninth Circuit published opinion, September 25, 2026