The Board of Immigration Appeals has just ruled that an alien’s departure from the United States while under an outstanding order of deportation or removal issued in absentia does not deprive the Immigration Judge of jurisdiction to entertain a motion to reopen to rescind the order if the motion is premised upon lack of notice. Matter of Olivia BULNES-Nolasco, 25 I&N Dec. 57 (BIA 2009).
What this means is that if the Government fails to notify an individual of the time, date, and place of their immigration court hearing, and then deports the individual when he fails to appear in court, you are now able to file a motion to reopen proceedings even when the individual leaves the country after being ordered deported.
Score one for due process.
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