2005 In Absentia Removal Order Reopened for Further Consideration
In a significant legal development, the immigration court has reopened a 2005 in absentia removal order.
Removal Order — what it is, consequences, and urgent next steps
A removal order (also called a deportation order) is a final decision by an Immigration Judge or a federal court that a noncitizen must be removed from the United States. Removal orders carry immediate and serious consequences — including loss of lawful status, detention or enforced departure, and long-term bars to reentry — so timely, accurate action is essential. Therefore, review the order carefully, preserve the record, and take the steps below without delay.
Types of removal orders
- Order of removal: entered after a hearing or in absentia if the respondent does not appear.
- In absentia removal: may be reopened in narrow circumstances (lack of notice, ineffective assistance, excusable default).
- Voluntary departure denied / removal entered: when voluntary departure is not executed or is denied.
- Stipulated removal: removal entered by agreement; reopening is limited but sometimes possible.
Immediate — first 24–72 hours
- Obtain and save a certified copy of the order and hearing transcript.
- Confirm whether the order is administratively final and note appeal windows.
- Check if the order was entered in absentia and whether grounds to reopen exist.
- Assess detention and removal timelines; request emergency stays or bond as needed.
- Preserve identity, criminal/court, medical, and family-evidence documents.
Legal options
- Motion to reopen: raise new, material evidence or excuse procedural defaults.
- Motion to reconsider: argue the Board misapplied law or precedent.
- Appeal / petition for review: seek review by the BIA or federal court within strict deadlines.
- Stay of removal: request an emergency stay or injunction to delay removal while review proceeds.
Tactical checklist
- Save certified removal order and transcript.
- Record the date the order became final (appeal deadline).
- Gather A-file, certified dispositions, medical records, employment/tax records, and family proofs.
- If detained, file bond/stay requests and prepare custody mitigation evidence.
- Evaluate and file reopening, reconsideration, or appeal options within deadlines.
Common cautions
- Do not delay — many remedies have very short windows.
- Avoid international travel until counsel confirms it is safe.
- Keep copies and proof of any DHS/ICE notices or attempted service.
How we help
We obtain certified orders and transcripts, assess reopening and appeal options, draft motions to reopen/reconsider, file emergency stays/petitions for review, assemble bond/stay packets, and represent clients at hearings and appeals.
