Rescinding an In Absentia Order of Removal

Rescinding an In Absentia Order of Removal

March 31, 2010

There are two main situations where individuals who were ordered removed or deported in absentia can reopen their cases:

    1. They did not receive notice of the hearing.
    2. They did not appear at their hearing because of exceptional circumstances.

This Practice Advisory addresses the elements and requirements for an in absentia motion to reopen in both contexts.

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