The Law Offices of Sabrina Li has achieved success in helping another client, and we are pleased to share their story with you.
The client came to our office after she and her family were ordered removed by a judge in immigration judge. The client had failed to attend a removal hearing and she and her family had been ordered removed in absentia.
Our client had originally filed their asylum application with USCIS and had notified USCIS that she was changing mailing addresses; however, USCIS continued to send notices to her old address. When they received their referral notice to immigration court, USCIS also gave them a Notice to Appear (NTA) which told them to appear in immigration court at a certain date and time. However, before then, the court issued a notice ordering our client and her family to appear in court at an earlier date. The client never received this notice and, as such, failed to show up for her hearing.
Our office worked quickly to timely file a Motion to Reopen the client’s removal proceedings and to rescind their in absentia removal orders. We pointed out that our client had made diligent efforts to change her address, but did not receive her hearing notice, so her proceedings should be reopened to allow her and her family to apply for relief from removal.
Our efforts were successful when less than a month later, the court reopened the family’s removal proceedings and granted them a new hearing date.
A motion to reopen, which requests the rescission of an in absentia order, urges the immigration judge to evaluate the reasons for the respondent's failure to attend their scheduled hearing. An individual who has been ordered to be removed in absentia can submit a motion to reopen their removal order within 180 days from the date of the removal order if their absence was due to exceptional circumstances.
If you or someone you know has encountered a similar issue and needs the assistance of qualified professionals, please do not hesitate to contact our office. We are here to help!