concurring in the judgment.
Athough I agree with the majority’s resolution of Dekoladenu’s due process claim and its decision to deny the petition for review, I would resolve the case on narrower grounds. As the majority correctly notes, the question before us is whether the BIA abused its discretion when it affirmed the denial of Dekola-denu’s motion to reconsider solely because Dekoladenu had overstayed his departure date. See Op. at 3-4 n. 2. Because the INA bars aliens who overstay their periods of voluntary departure from receiving adjustment of status, I would uphold the BIA’s decision.
Under the INA, a voluntary departure recipient becomes ineligible for five forms of relief, including adjustment of status, when he over-stays his voluntary departure period:
If an alien is permitted to depart voluntarily under this section and fails volun*509tarily to depart the United States within the time period specified, the alien shall be subject to a civil penalty of not less than $ 1,000 and not more than $ 5,000, and be ineligible for a period of 10 years for [voluntary departure, cancellation of removal, adjustment of status, change of nonimmigrant classification, and record of lawful admission],
8 U.S.C. § 1229c(d) (2000). Voluntary departure is only granted if an alien requests it and is notified of the consequences of remaining in the country beyond his departure period. See 8 C.F.R. § 1240.26(b)(1)(i) (An IJ may grant voluntary departure only if the alien “[m]akes such request”); 8 U.S.C. § 1229c(d) (“The order permitting the alien to depart voluntarily shall inform the alien of the penalties under this subsection.”). Thus, by express agreement, a voluntary departure recipient accepts the risk that any subsequent motion to reopen seeking voluntary departure, cancellation of removal, adjustment of status, change of nonimmigrant classification, or record of lawful admission will be denied by operation of the voluntary departure date.
In spite of the express consequences of his agreement, Dekoladenu contends that the BIA abused its discretion ;n affirming the IJ’s denial of his motion to reconsider. Specifically, Dekoladenu argues that the BIA’s conclusion that a motion to reopen does not toll the running of a voluntary departure period deprives aliens of their right to file a motion to reopen pursuant to 8 U.S.C. § 1229a(c)(6). See 8 U.S.C. § 1229a(c)(6) (2000) (“An alien may file one motion to reopen proceedings under this section.”). On these facts, however, Deko-ladenu’s argument is without merit. Even if Dekoladenu did not relinquish his right to file a motion to reopen when he accepted voluntary departure, he did give up his ability to obtain adjustment of status in the event he overstayed his voluntary departure period. Because Dekoladenu’s motion to reopen was premised solely on a form of relief for which he was ineligible, the IJ’s denial of that motion, and his subsequent motion to reconsider, was proper.* Accordingly, the BIA did not abuse its discretion in affirming the IJ. I therefore concur in the judgment.
In this regard, I agree with the majority’s denial of the petition, but not with its pronouncement of a general rule against tolling. Although Dekoladenu became ineligible for adjustment of status when he stayed beyond his departure period, his failure to depart did not render him ineligible for other forms of relief, such as asylum or withholding of removal. Because Dekoladenu moved to reopen solely to request adjustment of status, we need not reach the question of whether tolling is an appropriate means of effectuating an alien’s right to file a motion to reopen premised on a ground other than those specifically listed in 8 U.S.C. § 1229c(d).