In Absentia Orders of Removal

Sometimes, an individual who enters the country unlawfully or overstays their visa is placed in a removal proceeding without their knowledge.  In cases where an alien in removal proceedings does not attend his hearing in Immigration Court, a judge can issue an order removing that person from the country (this is known as an in absentia order of removal).  Unfortunately, lack of knowledge of one’s own removal proceeding is sometimes insufficient as a defense to removal.  This blog article explores what is to be done if ordered removed in absentia.  

This article is only a summery and it is advisable to consult with an immigration lawyer in NYC if you are looking to reopen your case in that jurisdiction.   

How does one revoke an order that was issued in absentia?

If an individual has been ordered removed without his knowledge then one must file a motion to reopen to rescind that order.  

What does one need to show to successfully reopen their case? 

In order to reopen a removal order issued in absentia, one must demonstrate that he or she was not served with a notice to appear stating the date, time and location of the removal proceeding.  In such circumstances, the alien should request proof that the government served the respondent at the proper address.  If such proof is not provided, or if the alien show that the notice was sent to the wrong address, then a meritorious claim for a motion to reopen exists.     

If I am about to be deported what happens if I file a motion to reopen?

When a motion to reopen an in absentia order is made, the order of deportation is automatically stayed.  In other words, the order is paused until the court makes a decision on the motion to reopen.  If the date you have to leave the country is fast approaching, then you must hire an experienced immigration appeals attorney in NYC to immediately file your motion.  

For more information click here: http://www.sethimaz.com/waivers-lawyer.htm