Updated: Aug 12
The Board of Immigration Appeals announced on Wednesday, August 5, 2020, its holding in a case that addresses this very issue.
In Matter of Nivelo Cardenas, 28 I&N Dec. 68 (BIA 2020), the Board held that "[w]here an alien who has been personally served with a notice to appear advising him of the requirement to notify the Immigration Court of his correct address fails to do so and is ordered removed in absentia for failure to appear for the scheduled hearing, reopening of the proceedings to rescind his order of removal based on a lack of proper notice is not warranted." #MatterofCardenas #inabsentia
The Board further held that, absent indications of due diligence to maintain rights in the underlying removal proceedings, failure to update an address may undermine the veracity of a claim for lack of notice. #noticetoappear
This is a serious matter and absent a motion to reopen being granted, it could result in your immediate deportation. It is important that you speak with an #experiencedimmigrationattorney to discuss your circumstances and potential options. Call our office today! We are located in Woodbridge and Manassas to better serve your needs!