Motions to Rescind In Absentia Removal Orders before IJ & Appeals of Denials to BIA & Circuit Courts

CILA and experts from the National Immigration Litigation Alliance (NILA) discussed motions to rescind in absentia removal orders before the immigration judge (IJ) and appealing denials to the Board of Immigration Appeals (BIA) and circuit courts. During this training, NILA discussed issues specifically relating to in absentia removal orders, including:
• the standards under which IJs can issue in absentia removal orders;
• the consequences of in absentia removal orders;
• how individuals can seek rescission of in absentia removal orders based on exceptional circumstances and/or lack of notice;
• options for individuals who received an in absentia removal order after:
o not receiving oral notice of the consequences of failing to appear, or
o arriving late to their court dates; and
• how to obtain federal court review of an in absentia removal order.

Speakers included:
Trina Realmuto, Executive Director,
NILA Kristin Macleod-Ball, Senior Staff Attorney, NILA