The Board of Immigration Appeals has dismissed the appeal of an Indian respondent fined $3,000 for failing to depart the United States within thirty days of a 2004 Board decision reinstating his grant of voluntary departure, rejecting his arguments that he lacked adequate notice and that the statute requires a willful failure to depart.
The Board held that both the immigration judge's and the Board's own orders expressly included the mandatory statutory notice of penalties, that notice to counsel of record satisfies due process regardless of the respondent's own language proficiency, and that the statute's plain terms impose the penalty for any voluntary failure to depart without requiring proof of willfulness. The Board also held that the $3,000 penalty complied with the statute and the regulations..
The full text of Matter of R-P-L- can be found here: https://www.justice.gov/eoir/media/1459551/dl?inline