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Absentia Order of Removal Motion to Reopen Victory

A man from the West Indies was arrested by immigration upon his return to the United States. He was advised that there was an order of removal (deportation) that had been entered against him years before in Miami. Because he had not attended an immigration court hearing, the judge ordered him removed in his absence. Attorney Cohen filed a motion to rescind the absentia order of removal, based on the fact that his client had been unaware that he had been in immigration court proceedings (lack of notice). The motion was supported by affidavits of the client and relatives who corroborated the fact that he had not been aware of the proceedings, as well as documentary evidence showing that he had been living at a different address than the notice to appear and hearing notice were sent to. Cohen also obtained documentation from USCIS demonstrating that immigration had been made aware of the client’s address change by forms previously submitted to USCIS. Result: the Immigration Court in Miami reopened and terminated proceedings against client, and client was released from custody.