Can an in absentia removal order be rescinded or reopen for abuse of discretion?
MultiRegion, United States of America
The following excerpt is from Heitor v. Barr, 17-3219 NAC (2nd Cir. 2020):
motion to rescind or reopen for abuse of discretion. Alrefae v. Chertoff, 471 F.3d 353, 357 (2d Cir. 2006). As relevant here, the agency may rescind an in absentia removal order if the alien demonstrates that he lacked notice of the hearing or, if rescission is requested within 180 days, "if the alien demonstrates that the failure to appear was because of exceptional circumstances." 8 U.S.C. 1229a(b)(5)(C); see 8 C.F.R. 1003.23(b)(4)(ii).
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