Friday, May 25th, 2018

Unpub. BIA In Absentia Victory: Matter of Wajay

Eric Bjotvedt writes: "Attached
is a decision your readers may find very helpful on the issue of
reopening cases where the alien received notice but failed to show up
anyway.  In this case, I informed the judge that I did not know why my
client did not show up but that I did give him notice.  The judge
ordered him removed in absentia.  Later,
I prepared and filed a pro se motion to rescind for him since he was in
ICE custody because it was confident it would be removing him soon and
because he was without resources and support.  The motion argued that he
did not recall getting notice from me and, alternatively, that if the
court deemed him to have received notice, he was sorry for not appearing
and that he had no reason not to show