Prior Counsel’s Illness Led to Client’s Absence, In Absentia Removal Order Reopened in One Day
November 11, 2025

Table of ContenTS

Our client reached out to the Law Offices of Sabrina Li after receiving a removal order, despite his understanding that his individual hearing had been postponed due to his prior attorney’s illness. The client, who had previously retained another law firm to represent him before the Immigration Court, was devastated when he received a removal order instead of a new hearing notice. Upon reviewing the case, our team swiftly identified clear miscommunication and procedural misunderstanding that led to this unjust outcome. We filed a Motion to Reopen on August 25, 2025, and the Immigration Judge granted it the very next day—August 26, 2025—restoring our client’s right to a fair hearing.

In Absentia Removal Order Due to Counsel’s Illness

The client had an individual hearing scheduled for May 2025, which was to be conducted via Webex. His prior counsel instructed him to attend the hearing from the attorney’s office. On the hearing day, the client arrived on time, but the attorney’s assistant informed him that the attorney was feeling unwell and had already notified the Immigration Judge. The assistant told the client to return home and wait for a new hearing notice.

Relying on this information, the client left, believing the hearing had been rescheduled. However, instead of receiving a new hearing notice, the client later received an in absentia removal order. Both the client and his prior attorney were shocked by the decision. Despite the prior attorney’s attempt to correct the issue, the client lost confidence in his representation and retained our office to seek relief.

Uncovering the Facts and Building a Strong Motion To Reopen

After carefully reviewing the case history and communicating with prior counsel, we discovered that on the morning of the hearing, the attorney had called the Immigration Court to report his illness. The court clerk instructed him to call back the following day and assured him that she would notify the Judge. Based on this exchange, the attorney mistakenly believed that the hearing would be continued and that neither he nor the client needed to appear.

Acting on this belief, the attorney informed the client in good faith that attendance was unnecessary. Unfortunately, the hearing proceeded as scheduled, and the Judge issued an in absentia removal order due to the client’s failure to appear.

Our firm immediately worked with both the client and prior counsel to document the full timeline of events. We prepared a detailed affidavit from the client, obtained supporting communication records, and secured a declaration from the prior attorney confirming his illness and his misunderstanding of the court’s instructions. We argued that the client’s failure to appear was made in good faith and constituted exceptional circumstances under immigration law.

Swift Justice: Motion to Reopen Granted in One Day

On August 25, 2025, we filed a comprehensive Motion to Reopen, supported by strong legal arguments and corroborating evidence. Remarkably, just one day later—on August 26, 2025—the Immigration Judge granted the motion and issued a new hearing date. This rapid approval reflected both the strength of our submission and the fairness of reopening a case that was wrongly decided due to circumstances beyond the client’s control.

The Law Offices of Sabrina Li: Advocating for Fairness and Second Chances

This case underscores our firm’s commitment to protecting clients whose cases have been compromised by misunderstanding, illness, or ineffective assistance of counsel. Through diligent investigation, collaboration, and persuasive legal advocacy, we turned a wrongful removal order into a renewed opportunity for justice.

If you or someone you know has been affected by a similar situation, contact the Law Offices of Sabrina Li at (213) 375-8096 or email us at info@sabrinali.law. Our experienced immigration team is ready to fight for your right to a fair hearing and a second chance at relief.

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