Order In Absentia Removal

What Is an “In Absentia” Order? What Are the Consequences?

If you received the required notices about removal proceedings against you and do not attend, you will be ordered removed because you were absent (or “in absentia"). To obtain an order in absentia, ICE is required to prove that written notice was provided to you and that you are removable. An order in absentia makes you ineligible for various forms of relief, voluntary departure, cancellation of removal, registry and adjustment, or change of status for a period of 10-years after the date of the removal order.

If you have an order in absentia or are facing removal proceedings, the Columbus immigration attorneys at The Law Firm of Shihab & Associates have decades of combined experience successfully representing our clients in removal proceedings, and we will protect your rights.

If you have questions about an order in absentia or removal proceedings, contact us by calling (800) 625-3404 for a consultation.

What if I Did Not Receive Notice of the Removal Proceeding?

If you (1) did not actually receive the notice, and (2) you cannot be legally deemed to have received notice, you cannot be on notice of removal proceedings against you, and order in absentia is precluded. If Immigration and Customs Enforcement (ICE) sent the notice to your correct address, but you did not receive the notice because of something that happened in your household, then you can be charged with receiving the notice, even though you did not actually receive it. For example, if you never received the notice because another person in your household got the mail and threw it away or lost it, you are deemed to have received the notice.

You are deemed to have received notice if ICE sent the notice to the last address it has for you, but you moved since then, if (1) you actually did receive the notice or (2) you do not argue that it was sent to the wrong address or not delivered. The court will presume that the notice was delivered to you unless you can argue that the notice was sent to the wrong address and you never received it. A competent Columbus deportation defense attorney can gather and present evidence to the court on your behalf to show that the notice was sent to the wrong address or lost in the mail. If you can establish this, you may have relief from an order in absentia.