departure to be under of “threat” deportation, the terms and conditions of the departure must be clearly specified. The respondent must be informed of and accept the terms. He should leave with the knowledge that he does so in lieu of being placed in proceedings and therefore has no legitimate expectation that he may reenter and resume continuous presence. v. Gonzales, 439 F.3d 614 (9th Cir. 2006). (4) Where an alien departed the United States for a period less than that specified in section 240A(d)(2) of the Immigration and Nationality Act, and unsuccessfully attempted reentry at a land border port of entry before actually reentering, physical presence continued to accrue for purposes of cancellation of removal under section 240A(b)(1)(A) unless, during that attempted reentry, the alien was formally excluded or made subject to an order of expedited removal, was offered and accepted the opportunity to withdraw an application for admission, or was subjected to some other formal, documented process pursuant to which the alien was determined to be inadmissible to the United States. Here, the 2-week absence respondent’s from the United States did not break her continuous physical presence where she was refused admission by an immigration official at a port of entry, returned to Mexico without any threat of the institution of exclusion proceedings, and subsequently reentered without inspection. Matter of Avilez-Nava, 23 I&N Dec. 799 (BIA 2005). (5) Before it may be found that a voluntary departure occurred, the
departure to be under “threat” of deportation, the terms and conditions of the departure must be clearly specified. The respondent must be informed of and accept the terms. He should leave with the knowledge that he does so in lieu of being placed in proceedings and therefore has no legitimate expectation that he may reenter and resume continuous presence. v. Gonzales, 439 F.3d 614 (9th Cir. 2006). (4) Where an alien departed the United States for a period less than that specified in section 240A(d)(2) of the Immigration and Nationality Act, and unsuccessfully attempted reentry at a land border port of entry before actually reentering, physical presence continued to accrue for purposes of cancellation of removal under section 240A(b)(1)(A) unless, during that attempted reentry, the alien was formally excluded or made subject to an order of expedited removal, was offered and accepted the opportunity to withdraw an application for admission, or was subjected to some other formal, documented process pursuant to which the alien was determined to be inadmissible to the United States. Here, the respondent’s 2-week absence from the United States did not break her continuous physical presence where she was refused admission by an immigration official at a port of entry, returned to Mexico without any threat of the institution of exclusion proceedings, and subsequently reentered without inspection. Matter of Avilez-Nava, 23 I&N Dec. 799 (BIA 2005). (5) Before it may be found that a voluntary departure occurred, the