Arguelles (defendant) came to the United States in 1987 as a nonresident alien and lives with his two United States citizen children. He volunteers at his local church and does not have any criminal convictions. He has been cited for many traffic violations, including driving without a license for extended periods of time. He has voluntarily departed the United States and returned five times. Before the conclusion of his most recent removal proceedings, he applied for voluntary departure in lieu of the proceedings. The immigration judge denied the application as a matter of discretion, noting Arguelles' traffic violations and his likelihood to illegally return after voluntarily departing the country. Arguelles appealed the decision to the Board of Immigration appeals.