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Diana RubinAttorney at Law · New York

Removal Defense

Motions to Reopen After an In-Absentia Removal Order

February 9, 2026 · 5 min read

Defective notice remains one of the strongest grounds to reopen a case decided in your absence.

If you never received a hearing notice, or the notice omitted the time and place of the hearing, a motion to reopen may be filed without the usual time limit.

Exceptional circumstances — serious illness, a death in the immediate family, or detention elsewhere — can also support reopening within 180 days.

Supporting affidavits, mail records, and address-change filings are the evidence that decides these motions.

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