Ordered removed for failure to attend hearing, court denied motion to reopen, appeal successful!

We want to share a successful case from our firm with you today. Our client came to our office feeling all hope was lost. 

She had been ordered removed in immigration court for failure to attend her scheduled court hearing. Although she had been represented by another attorney at the time, neither she nor her attorney received any notice that the hearing had been scheduled. The court had sent the previous attorney a notice of the hearing to an old address that she had not used for three years. 

The same attorney filed a Motion to Reopen with the immigration court to overturn her order of removal; however, the court denied the motion. 

The client then came to the Law Offices of Sabrina Li. Our firm reviewed the client’s history and noted that while we could not appeal a removal order issued in the client’s absence, we could appeal the judge’s decision regarding the Motion to Reopen. Because appeals have a strict timing deadline, we knew we had to move quickly. 

Our team worked swiftly to file the appeal with the Board of Immigration Appeals (“BIA”) within the required time period. We argued that the client’s removal order should be vacated as she never received notice of her hearing date, and also argued that the judge had been incorrect in denying the motion to reopen. 

The BIA agreed with our position on appeal, rescinded our client’s removal order, and reopened her immigration court proceedings. Our client was so ecstatic with the news that she also hired our firm to continue to handle her court proceedings as she is married to a United States citizen and eligible for relief in court. 
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If you have received a removal order in absentia and need help to reopen it, please contact our office.