BOSTON — Three out of 31 janitors arrested during July 15 immigration raids at Rhode Island courthouses agreed yesterday to voluntarily leave the United States by Jan. 1 and return to Mexico.

Two other men arrested during those raids told a federal immigration judge they will request to stay permanently in the United States because of potentially threatening situations in their home countries. Their cases will be heard in January 2010.

Federal immigration agents arrested the janitors, all of whom worked for two state contractors, TriState Enterprises and Falcon Maintenance, as they showed up for their evening shifts on July 15. Authorities said the arrests followed a month-long investigation.

All 31 suspected illegal immigrants were charged with civil immigration violations. Subsequently, 4 of the 31 were charged with criminal violations for identity theft and using false identity documents.

Yesterday’s proceedings before Immigration Judge Leonard I. Shapiro are believed to be the first removal proceedings for those facing civil violations in the courthouse raid cases.

Shapiro granted voluntary departure to Filberto Castro Carpio; Ruis Navarette Abarca; and Arquimides Avilas Navarette, all Mexican nationals who had been living in Providence.

Voluntary departure permits a person to leave the country at their own expense, within a designated period of time. They must report to a U.S. Embassy in their country upon arrival, to prove that they obeyed the judge’s order.

Unlike deportation, which bars a person from legally reentering the United States for at least 10 years, voluntary departure allows a person to apply to return legally within several years. Criteria for voluntary departure include that the person has no criminal record, has the means to pay their way home, and is not deemed a security risk.

Shapiro told the men if they fail to return home by Jan. 1, they will be ordered deported and could face fines of up to $5,000 each.

Castro, Navarette, and Avilas were represented by Nancy Kelly, managing attorney for the immigration unit at Greater Boston Legal Services. Kelly explained that the men had not lived long enough in the United States — nor did they have extenuating circumstances, such as dependent family members — to apply for asylum or other forms of relief that would allow them to stay in the country.

A lawyer for Jorge Nava Chavez, another former courthouse janitor, said her client will file a formal petition for asylum. Attorney Lidia Sanchez said the petition will be based on Nava’s statements that his uncle had been shot to death in Mexico, forcing Nava and his siblings to flee their village for the capital.

Judge Shapiro set a hearing date for Jan. 15, 2010. If Nava does not submit his petition within 60 days, he will be granted voluntary departure, Shapiro said.

William Alvarez, the fifth man to appear before Shapiro yesterday, is seeking “withholding for removal” — much like asylum but without some of the rights, including the right to become a U.S. citizen.

Alvarez’s lawyer, Jason Corral, told the judge, “During the civil war [in Guatemala], his family was targeted and he has seen some recent targeting.”

Judge Shapiro set a hearing date for Jan. 12, 2010, for Alvarez, also with the caveat that if he does not submit his petition within 60 days, he will be granted voluntary departure.

Several other cases stemming from the courthouse raids are scheduled to be heard in Boston later this month, according to Providence lawyer Alison Foley, who is representing four clients pro bono.

kziner@projo.com