Villalvaso-Lugo

MEMORANDUM **

Pursuant to 8 C.F.R. § 1003.4 , “[departure from the United States of a person who is the subject of deportation proceedings subsequent to the taking of an appeal, but prior to a decision thereon, shall constitute a withdrawal of the appeal, and the initial decision in the case shall be final to the same extent as though no appeal had been taken.” It is undisputed that Villalvaso left the United States after appealing his deportation order, but before the BIA handed down its decision. By leaving the United States, Villalvaso withdrew his appeal, thereby rendering his deportation order final and terminating his legal permanent resident (LPR) status. See 8 C.F.R. § 1001.1 (p). Without LPR status, Villalvaso is ineligible for a § 212(c) waiver of deportation. See INS v. St. Cyr, 533 U.S. 289, 295 , 121 S.Ct. 2271 , 150 L.Ed.2d 347 (2001).

Our decision in Aguilera-Ruiz v. Ashcroft, 348 F.3d 835, 836 (9th Cir.2003) confirms this conclusion. In Aguilerctr-Ruiz, we held that “8 C.F.R. § 1003.4 has no exception for ‘brief, casual, and innocent’ departures. No basis appears for engrafting one onto it[.]” Id. at 838. Thus, “[v]oluntarily leaving the country under an order of…