Can an order of deportation entered in absentia be rescinded?

MultiRegion, United States of America

The following excerpt is from Solanki v. I.N.S., 122 F.3d 1073 (9th Cir. 1997):

An order of deportation entered in absentia may be rescinded only if an alien demonstrates that he failed to appear at the deportation proceeding because of exceptional circumstances. See 8 U.S.C. 1252b(c)(3) (1994). Exceptional circumstances are defined as "circumstances (such as serious illness of the alien or death of an immediate relative of the alien, but not including less compelling circumstances) beyond the control of the alien." 8 U.S.C. 1252b(f)(2) (1994). Traffic difficulties do not qualify as exceptional circumstances. See Sharma v. INS, 89 F.3d 545, 547 (9th Cir.1996).

Other Questions


Can an order of removal entered in absentia be rescinded? (MultiRegion, United States of America)
Can a court order a protective order, even if the assigned magistrate judge signed the stipulated protective order? (MultiRegion, United States of America)
Can an in absentia removal order be rescinded or reopen for abuse of discretion? (MultiRegion, United States of America)
What is the current state of the law on "exigent circumstances" where a police officer has to enter a house in the middle of the night in order to enter the front door? (MultiRegion, United States of America)
Does the government have to prove that an order of removal or deportation was issued where the alien has been deported or removed? (MultiRegion, United States of America)
Is a deported alien permitted to petition for a review of his deportation order? (MultiRegion, United States of America)
What is the test for a stay of execution of an order to allow an application to stay an order that would have prevented the application from entering into the United States? (Canada (Federal), Canada)
Can a police officer enter a person's home, enter the front door and speak to him? (MultiRegion, United States of America)
Can a federal court order that a defendant be held in contempt of court for failing to comply with a federal contempt order? (MultiRegion, United States of America)
Does the Attorney General have the power to cancel deportation orders under former Section 212(c) of the Immigration Reform Act? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.