BIA Practice Manual ch. 3.13

(a) Alien Appeal

Departure from the United States can jeopardize an alien’s right to appeal, even when the departure is authorized or compelled by the Department of Homeland Security (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 alien’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.