Last week an Immigration Judge in San Francisco granted a motion to rescind an in absentia order filed by Johnson & McDermed based on “exceptional circumstances.” The case involved a respondent failing to show up at his removal hearing because he confused and conflated his need to appear at ICE with his need to appear before the Court.
The Immigration Judge found that respondent’s “failure to appear was due to confusion about where and when he was to appear, not an avoidance of appearance.” The court also noted that complex nature of immigration law, and that respondent’s “unsophistication in failing to understand that the ICE order to appear in connection with his custody status was different from and additional to his obligation to appear in court … constitutes an exceptional circumstance.”
You can read the motion here:
You can read the decision here:
If you have failed to appear for an immigration hearing and have been ordered removed in absentia, contact Johnson & McDermed to see if you can reopen your case.
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