(a) Respondent's Appeal
Departure from the United States can jeopardize a respondent’s right to appeal, even when the departure is authorized or compelled by DHS. Departure from the United States prior to filing an appeal may be construed as a waiver of the right to appeal. Departure from the United States while an appeal is pending may be construed as a withdrawal of that appeal. See 8 C.F.R. §§ 1003.3(e), 1003.4.
(b) DHS Appeal
The respondent’s departure from the United States while a DHS appeal is pending does not constitute a withdrawal of the DHS appeal, nor does it render the DHS appeal moot.