Published on November 9, 2026
A decision issued on November 5, 2026 limits access to cancellation of removal — the relief many know as the "10-year law" — for people who accepted voluntary departure and did not leave. The central point is timing: filing a motion late can close the door for a decade.
In brief: what changed for cancellation of removal
The decision is Matter of Ontiveros-Diaz, 30 I&N Dec. 222, issued by the Board of Immigration Appeals on November 5, 2026.
It confirms that violating a voluntary departure agreement creates a 10-year ineligibility for certain immigration benefits.
Among those benefits is precisely cancellation of removal, popularly called the 10-year law.
The decision holds that filing a motion to reopen with new evidence does not erase the consequences of failing to depart on time.
The key is the date: a motion filed before the deadline expires terminates the voluntary departure grant, while one filed after changes nothing.
The law also provides a civil penalty of between $1,000 and $5,000 for failing to depart within the period granted.
There is an exception for certain people petitioning under the domestic violence protection provisions.
The Board also noted that a truly involuntary failure to depart might not count as voluntary.
Important: this decision does not eliminate cancellation of removal. It limits access for those who missed a voluntary departure deadline.
What is the "10-year law" really?
It is not a law by that name, and that is worth clarifying from the start. The technical term is cancellation of removal for non-permanent residents, found in section 240A(b) of the Immigration and Nationality Act.
It is relief only an immigration judge can grant, within removal proceedings, and it is discretionary. That is, even meeting every requirement, the judge may deny it.
For that reason it is not something a person simply files and obtains. However, for those who qualify it can lead to permanent residence, which is why it draws so much attention.
To qualify, a person must establish several things at once. Ten or more years of continuous physical presence in the country. Good moral character during that period. And that a close relative who is a U.S. citizen or permanent resident — spouse, parent or child — would suffer exceptional and extremely unusual hardship if the person were removed.
Note: that hardship standard is very high. Family separation or ordinary economic difficulty is not enough.
In addition, the relative must be a qualifying one. That is, hardship to the applicant personally does not count, however severe. Therefore, the analysis always starts with who the qualifying family members are.
What did the Board decide about cancellation of removal?
Two things, and they are worth reading precisely.
The first is that violating a voluntary departure agreement makes a person ineligible for certain immigration benefits for 10 years.
The second is that filing a motion to reopen, in order to submit new evidence for a cancellation application already filed, does not excuse the failure to depart voluntarily.
In the case analyzed, the Board had dismissed the appeal in April 2025 and reinstated a 60-day voluntary departure period ending June 3, 2025. The person did not depart. On June 17, already past the deadline, he filed the motion with new evidence about his children's education and family medical conditions.
The Board denied the motion. It concluded the person was subject to the 10-year bar and added, as an alternative reason, that the new evidence was supplemental to what the judge had already weighed.
That second reason matters. In fact, it means the outcome would likely have been the same even without the bar. Therefore, the decision carries two separate lessons rather than one.
What benefits does the 10-year bar block?
Several, and the list is in the statute. It is worth knowing because many people underestimate its reach.
Another grant of voluntary departure: blocked for 10 years, under 8 U.S.C. § 1229c.
Cancellation of removal, the "10-year law": blocked for 10 years, under 8 U.S.C. § 1229b.
Adjustment of status within the United States: blocked for 10 years, under 8 U.S.C. § 1255.
Change of nonimmigrant status: blocked for 10 years, under 8 U.S.C. § 1258.
Registry based on long residence: blocked for 10 years, under 8 U.S.C. § 1259.
Source: 8 U.S.C. § 1229c(d)(1) and Matter of Ontiveros-Diaz, 30 I&N Dec. 222. Verified on November 9, 2026.
Beyond that bar, the law provides a civil penalty of between $1,000 and $5,000. Therefore, the consequences of not departing within the agreed period are both financial and immigration-related.
It is worth pausing on that list. That is, the bar reaches not only this particular relief but several of the most common paths to lawful status. However, it does not reach every form of protection, which is why a full review matters.
Why does the timing of the motion change everything?
Because the regulation draws a clear line between before and after the deadline, and that difference decides the outcome.
A motion filed before the voluntary departure period expires automatically terminates that grant. In that case, the person is no longer required to depart and the penalties are not triggered.
In other words, the filing itself does the work. Therefore, the calendar deserves as much attention as the legal argument.
By contrast, a motion filed after the deadline does not change the period or its consequences. That is, it arrives too late to avoid the bar, however strong the evidence may be.
It is important that you understand this point: it is not about the quality of the evidence, but about the date the document is filed.
What cancellation of removal options remain after voluntary departure?
That the expiration date is the most important fact in your file. It is worth locating today rather than recalling it from memory.
If the deadline has not yet passed and you believe your case should be reopened, time is working against you. For that reason we recommend seeking legal guidance immediately rather than waiting.
If the deadline has passed and you did not depart, your situation requires careful analysis. That said, it does not mean no alternatives exist, and that is precisely why the full case should be reviewed with an attorney.
Likewise, the bar does not erase protections that rest on different grounds. In fact, some forms of protection are evaluated under their own rules, so the starting point is always a complete review of your history.
You can review the advantages and risks of this option in our article on voluntary departure, pros and cons.
Are there exceptions to the 10-year bar?
Yes, and they are worth knowing even though they are limited.
The law provides an exception for certain people filing petitions under the provisions protecting victims of domestic violence. That exception applies when extreme cruelty or battery was at least one central reason for remaining in the country beyond the deadline.
In addition, the Board mentioned that a truly involuntary failure to depart might not count as voluntary. For example, where the person was unaware of the order or physically unable to leave. However, that argument was not raised in the case analyzed.
Caution: these exceptions are narrow and require proof. Do not assume your case fits without a professional review.
Likewise, raising an exception is not automatic. The Board noted that the argument was not presented in this case, which is a reminder that arguments not raised are generally not considered.
Does new evidence help in a cancellation of removal case?
It must be genuinely new and capable of changing the outcome, not merely additional. This is the decision's second message, and it is often overlooked.
The Board observed that the evidence submitted was supplemental to what the judge had already considered. Therefore, even without the 10-year bar, it would hardly have changed the hardship conclusion.
In fact, to reopen a case the law requires the evidence to be material and previously unavailable. For that reason a motion should be prepared with judgment rather than by piling up documents.
What do we recommend?
We recommend five things, and all of them concern the calendar.
First, locate and write down the exact expiration date of any deadline you were given. Second, if you plan to file a motion or an appeal, do it early rather than on the last day.
Third, keep your address current with the court, because important notices arrive by mail. Fourth, gather and keep all your case documentation, including prior decisions.
And fifth, if your situation is already complicated, do not assume there is no way forward. It is worth reviewing what other legal alternatives might apply to your specific case.
At our firm, that review takes place in a consultation with attorney Jesús Reyes. Our consultations are not free. However, they allow a thorough look at your file and an honest answer about the options available. For time-sensitive situations like this one, we offer emergency consultations, which are scheduled sooner and cost more. You can schedule your consultation here.
It is also worth knowing about our immigration court representation and deportation defense services.
Frequently asked questions about cancellation of removal
Does this decision eliminate the "10-year law"?
No. Cancellation of removal still exists. What the decision does is confirm that someone who missed a voluntary departure deadline is barred for 10 years.
When do those 10 years start counting?
From the failure to depart within the voluntary departure period. That is why the exact dates in your case should be documented.
I filed my motion a few days late. Is there a remedy?
Your situation requires individual analysis. The decision is clear on the general rule, but narrow exceptions exist and should be evaluated with an attorney.
Does the penalty always apply?
The law provides a civil penalty of between $1,000 and $5,000 for failing to depart within the period granted. Its application depends on the case.
Can I seek cancellation of removal if I never had voluntary departure?
That particular bar would not apply to you. That said, cancellation has its own requirements, which should be reviewed in detail.
How hard is the hardship standard to meet?
It is the most demanding requirement of all. The law asks for exceptional and extremely unusual hardship to the qualifying relative, not ordinary difficulty.
Conclusion
The decision on cancellation of removal leaves a lesson worth repeating: in immigration cases, dates weigh as much as facts. A motion filed before the deadline changes the picture entirely; the same motion filed afterward can close the door for a decade.
Even so, this is no reason for discouragement. In fact, many people who believe they have lost every option discover in a review that other paths exist based on their family, work or persecution history. It is important that you review your full case before giving anything up for lost.
If you have a pending deadline or questions about this decision, contact us. We handle cases worldwide from our office in Miami, Florida. We are here to advise you and review your specific situation.
See also our articles on what to expect in immigration court and what to do about a removal order, our frequently asked questions and our blog.
