VERIFIED NEWS · BIA PRECEDENT

BIA upholds $3,000 civil penalty for missed voluntary departure

The published decision addresses a civil fine imposed by DHS after a person failed to comply with a voluntary-departure order. It does not announce a new arrest or removal operation.

Justice Department official speaking with employees inside Executive Office for Immigration Review offices

Justice Department photograph by Lonnie Tague, published July 1, 2009. It shows an official visit to EOIR employees and is illustrative. It does not depict the Board panel, the respondent, DHS fine proceedings, or the 2026 decision. Original DOJ gallery ↗

By U.S. Immigration Brief Editorial DeskPublished August 30, 2026Last verified August 30, 2026

What the Board decided

In Matter of R-P-L-, 29 I&N Dec. 859, the BIA dismissed an appeal from a DHS decision imposing a $3,000 civil monetary penalty. The Board concluded that the record showed the respondent had been granted voluntary departure, received notice of the consequences, and did not depart within the specified period.

The decision is about a civil penalty

The ruling concerns a monetary penalty under section 240B(d) of the Immigration and Nationality Act. The Board described the statutory range applicable to the case as $1,000 to $5,000 and found the $3,000 amount consistent with the statute and regulation. It did not characterize the fine as a criminal conviction.

Notice was central to the record

The Board relied on the immigration judge’s order and its own earlier order, both of which stated the penalties for failing to depart. It rejected the argument that the fine warning had to appear in the notice to appear. The decision also discusses established rules concerning notice sent to counsel of record.

Jurisdiction changed in 2025

A footnote says the BIA retained appellate authority over DHS civil-penalty decisions imposed under the former regulatory structure before June 27, 2025. For fines imposed on or after that date, the decision says appellate review lies solely within DHS under the amended regulation. That procedural distinction is part of the holding’s context.

What this decision does not show

The opinion does not report the number of voluntary-departure orders, fines, removals, or arrests nationwide. It does not establish that every missed departure produces the same amount, and it does not evaluate any reader’s order or available remedies.

Primary federal sources

Corrections: No corrections have been made. Later modification or judicial review will be labeled and verified against a new federal record.