Which group is not eligible for voluntary departure under 240 proceedings?

• A. Individuals with tourist visas
• B. Aggravated felons or terrorists
• C. Children under 18
• D. People with work permits

Answer: (B)

Voluntary departure allows certain individuals involved in removal proceedings to leave the United States voluntarily rather than facing a formal removal order. However, there are significant restrictions on who can qualify for this option.

Individuals categorized as aggravated felons or terrorists are explicitly ineligible for voluntary departure. This is critical because aggravated felonies encompass serious criminal offenses that can lead to severe immigration consequences, including mandatory detention and removal without the possibility of relief. Similarly, individuals identified as terrorists pose national security risks, and allowing them to depart voluntarily could undermine public safety and legal accountability. Consequently, those in these categories cannot request voluntary departure, making them ineligible under Section 240 proceedings.

In contrast, tourists, children under 18, and people with work permits generally retain eligibility for voluntary departure, assuming they meet other criteria such as not having a serious criminal record and demonstrating good moral character.