CASE: Motion to Reopen and Rescind an In Absentia Order of Removal Based on Exceptional Circumstances
CLIENT: Bahamian
LOCATION: Miami, Florida
Our client was from the Bahamas and is a lawful permanent resident. She was placed into removal proceedings due to a criminal conviction which she has tried to vacate for the last couple years. After removal proceedings were initiated, our client attended her master calendar hearings.
However, in July 2015, our client was in a great deal of pain and was admitted to the emergency room for a week. Our client got very sick, especially on the master calendar hearing date. Eventually, she did not appear before the Court on her master calendar hearing date. Because of her absence, an order of removal was issued against her. Once she learned about the order of removal, she immediately contacted our office and explained to us that why she was not able to attend the hearing.
Our client contacted and retained our office on August 20, 2015 for the Motion to Reopen and Rescind an in absentia order. After we analyzed her story and the surrounding circumstances, our office determined that the Immigration Court will likely grant our client’s Motion to Reopen and Rescind an in absentia order based on exceptional circumstances.
In the Motion, we contended that our client could not attend the hearing due to her medical condition and her absence was inevitable due to the medical condition. Our office included supporting documents such as a doctor’s letter, copy of prescription, and other supporting documents. Eventually, our office filed the Motion on September 30, 2015 within the statutory time frame. On November 3, 2015, the Miami Immigration Court granted our client’s Motion and rescinded the order of removal. Our client’s case is re-opened, and she can now pursue her relief again.