Matter of Velasco Lopez, [Unpublished] (BIA 11/17/2009).

Where the Board had granted the respondent’s first motion to reopen and remanded the case for further proceedings, there was no final order until the Immigration Judge’s decision rendered as a result of the further proceedings. Therefore, a new motion filed subsequent to the Immigration Judge’s new decision on remand was the first motion filed after the final administrative order pursuant to 8 CFR Sec. 1003.2(c)(2).

Under Dada v. Mukasey, 128 S.Ct. 2307, 2319 (2008), the respondents have a unilateral right to withdraw their application for voluntary departure within the voluntary departure time granted, and the Board concludes that the respondents implicitly exercised their right to withdraw their voluntary departure request when they filed their timely motion to reopen.