Motion to Reopen & Rescind In-Abstentia Order of Removal – Board of Immigration Appeals:
The immigrant spouse of a U.S. Citizen applied for adjustment of status and was denied because she had a removal order. Our office later discovered that the immigrant spouse was married before and the previously immigration case was denied and a notice to appear in immigration court was issued to her but she never received it because she moved out of the marital home. The immigrant spouse was not aware that when you do not appear in immigration court, a removal order is automatically issued in your absent (called an in abstention order). Soon after her interview, Immigration & Custom Enforcement came to her house and arrested her and detained her at a local detention center. Our office was retained to represent the immigrant spouse and we got her released from the immigration detention center on an electronic monitoring device (or anklet). We filed a motion with the immigration court to reopen her removal case and rescind the in abstentia order due to her not receiving the notice of hearing to appear in immigration court. The immigration judge denied the motion to reopen. We appealed the denial to the Board of Immigration Appeals. The Board of Immigration Appeals reopened her case and the immigration judge later terminated the removal proceedings so she could adjust her status to permanent resident status through her U.S. citizen spouse. She is now a U.S. citizen. To view the redacted copies of our winning decision in this case, CLICK HERE.