8 U.S.C. 1229c(b)(3)

TITLE 8--ALIENS AND NATIONALITY

CHAPTER 12--IMMIGRATION AND NATIONALITY

SUBCHAPTER II--IMMIGRATION

Part IV--Inspection, Apprehension, Examination, Exclusion, and Removal

Sec. 1229c. Voluntary departure

(b) At conclusion of proceedings

(1) In general

The Attorney General may permit an alien voluntarily to depart

the United States at the alien's own expense if, at the conclusion

of a proceeding under section 1229a of this title, the immigration

judge enters an order granting voluntary departure in lieu of

removal and finds that--

(A) the alien has been physically present in the United

States for a period of at least one year immediately preceding

the date the notice to appear was served under section 1229(a)

of this title;

(B) the alien is, and has been, a person of good moral

character for at least 5 years immediately preceding the alien's

application for voluntary departure;

(C) the alien is not deportable under section

1227(a)(2)(A)(iii) or section 1227(a)(4) of this title; and

(D) the alien has established by clear and convincing

evidence that the alien has the means to depart the United

States and intends to do so.

(2) Period

Permission to depart voluntarily under this subsection shall not

be valid for a period exceeding 60 days.

(3) Bond

An alien permitted to depart voluntarily under this subsection

shall be required to post a voluntary departure bond, in an amount

necessary to ensure that the alien will depart, to be surrendered

upon proof that the alien has departed the United States within the

time specified.