Meza-Vallejos

ORDER

The opinion filed October 11, 2011, slip op. 18769, and appearing at 660 F.3d 1083 (9th Cir.2011), is hereby amended as follows: Remove the paragraph beginning on slip op. 18782 [ 660 F.3d at 1089 ] with “A hypothetical ...” and ending on slip op. 18783 [ 660 F.3d at 1090 ] with “... and convenience.”).

With this amendment, the panel has voted to deny the petition for panel rehearing. The petition for panel rehearing is DENIED. No further petitions for panel or en banc rehearing will be entertained.

OPINION

Jose Raul Meza-Vallejos, a native and citizen of Peru, seeks review of a decision by the Board of Immigration Appeals (“BIA”) denying his motion to reopen. After entering a final order of removal against Meza-Vallejos, the BIA granted him a sixty-day period of voluntary departure. The sixtieth day fell on a Saturday. Meza-Vallejos did not depart. Rather, on the following business day — a Monday — he filed his motion to reopen. The BIA denied the motion on the ground that Meza-Vallejos had failed to voluntarily depart and was thus statutorily ineligible for adjustment of status for a period of ten years.

We hold that where, as here, a period of voluntary departure…