This article will discuss the reopening of in absentia orders of removal. Often, our clients request our services to reopen orders of deportation in order to apply for their green cards or other immigration reliefs. Often, an immigration judge in their absences enters these deportation orders. These orders are called “in absentia” order of removal. An in absentia order of removal is an order that an immigration judge enters when a Respondent failed to appear at his or her master calendar hearing which is his or her first appearance in front of the immigration judge. We will address the frequently asked questions related to the reopening of in absentia order of removal when requesting reliefs from the immigration court.
Is it possible to reopen an in absentia order of removal?
Yes. In general, you may reopen your case if you were ordered removed or deported in absentia in one of the two following situations: (1) he/she did not receive notice of the hearing, or (2) he/she did not appear at their hearing because of exceptional circumstances. You may also reopen for consideration of adjustment of status depending on the circumstances of your case.
Is it possible to reopen an in absentia order of removal after 19 years?
Yes. You may file a motion to reopen an in absentia order based on lack of proper notice at anytime. In addition, you may file this motion even after you have departed the United States. When arguing exceptional circumstances, a motion to reopen in removal proceedings or deportation proceedings initiated on or after June 13, 1992, must be filed within 180 days of the entry of the in absentia order. The immigration judge may still reopen the case sua sponte meaning that the judge may decide to act on its own motion regardless. A motion to reopen in exclusion proceedings or deportation proceedings before June 13, 1992 may be filed at anytime. An automatic stay goes into effect when the motion is filed and remains in effect pending disposition of the motion by the immigration judge.
You may also file a motion to reopen for consideration of adjustment of status 19 years after an immigration judge entered his/her in absentia for example. This is true even though a previous motion to reopen was previously filed and denied by the immigration Court. In this instance, the 10 years bar imposed on individuals who were ordered removed in absentia have already passed thus rendering you eligible under immigrations law. Therefore, your motion should state clearly the procedural and factual history of the case, and should establish the new evidence that proves that you are eligible for adjustment of status and was not previously available to you. The immigration court may, likewise, exercise its sua sponte power if the motion to reopen is untimely or a previous one was already filed. Before sending the Motion, it is good practice to contact the DHS’s attorney assigned to the case to join in the motion by signing it as well. Most DHS attorneys will not join, but will not oppose your motion to reopen if the basis for reopening is strong.
Can you give an example where the immigration judge rescinded an in absentia order after more than 10 years?
Yes. Our client and her minor child entered the United States without inspection on or about the month of July of 1999. The immigration judge sent a notice of hearing for a master calendar hearing. The judge entered an order of removal in absentia and ordered them removed on 1999 because they failed to show up at the hearing. They hired an attorney to reopen the in absentia order, but the judge denied the motion. Their attorney appealed the motion with the Board of Immigration Appeals, and the board dismissed their appeal in 2000.
The brother of our client then filed a petition for Green Card for her and her child. US citizenship and immigration services (USCIS) approved the Petition in 2002. Our client filed an application to adjust her status to register as Permanent Residence. Our client became eligible for Temporary Protected Status and received TPS in 2010. Unfortunately, USCIS administratively closed their case because of the order of removal. Our law firm successfully argued their case by convincing the Board of Immigration Appeals to exercise its sua sponte discretion to reopen their case. Our diligent effort and persistence made it possible for her and her now 19 years old son to receive permanent resident status after 17 years of struggle.
Why hire our law firm?
Our law firm has been successful in reopening several removal cases based on in absentia orders. We take our time to study your case and will work with you closely to build the best case possible. Our only goal will be to get your case granted.
Our address is: 2410 Hollywood Blvd,
Hollywood, FL 33020