Client Success: Motion to Reopen and Rescind in Absentia Order of Removal Granted
Recently, our office was retained to represent a client that had an in absentia order of removal against them, where the client had previously failed to appear for a scheduled master calendar hearing before the Immigration Judge in the Executive Office of Immigration Review (EOIR) for the United States Immigration Court in Los Angeles, CA.
After obtaining the full records and carefully reviewing our client’s case, it was determined that our client never received actual notice of the fact that a hearing date had been set. We then prepared a motion to reopen and rescind the in absentia removal order which was granted by the Immigration Judge.
The standard for reopen a case/rescission of a removal order that was entered in absentia (in absence) should be taken seriously, and there are only a few exceptions that provide for the setting aside of such order.
Our client’s case is back on track and the case will continue in the immigration court!
