CINCINNATI, OH, October 17, 2025 — The U.S. Court of Appeals for the Sixth Circuit has denied a petition from Guatemalan national Juan Carlos Pastor-Hernandez, who sought to reopen his removal proceedings in order to apply for voluntary departure from the United States.
According to court records, Pastor-Hernandez entered the country illegally in 2014 and was ordered removed after his applications for asylum, withholding of removal, and protection under the Convention Against Torture were denied. He later sought to reopen his case following the Supreme Court’s decision in Niz-Chavez v. Garland, arguing that the ruling allowed him to pursue voluntary departure because his initial notice to appear did not meet statutory requirements.
To qualify for voluntary departure, immigrants must prove they have the means and intent to leave the country. Pastor-Hernandez told the Board of Immigration Appeals that he was “in the process of renewing” his Guatemalan passport but provided no documentation to support the claim. The Board denied his motion, finding he failed to establish a prima facie case that he could depart the United States.
On appeal, Pastor-Hernandez argued that the Board applied an incorrect legal standard by requiring conclusive proof of his ability to leave. The Sixth Circuit disagreed, holding that the Board properly applied the legal threshold for motions to reopen and reasonably found his statements too conclusory without supporting evidence.
The court affirmed the Board’s decision, concluding that Pastor-Hernandez failed to meet his burden to show a reasonable likelihood of eligibility for voluntary departure.
