Can an order of removal entered in absentia be rescinded?
MultiRegion, United States of America
The following excerpt is from Tian He Chen v. Holder, 11-5246 NAC (2nd Cir. 2012):
We review the agency's denial of motions to rescind and reopen for abuse of discretion. See Debeatham v. Holder, 602 F.3d 481, 484 (2d Cir. 2010) (per curiam). An order of removal entered in absentia may be rescinded only upon: (1) a motion filed within 180 days after the date of the order of removal if the alien demonstrates that the failure to appear was because of exceptional circumstances; or (2) a motion to reopen filed at any time if the alien demonstrates
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