In re Rabee, A099 235 166, 2010 WL 2390748 (BIA June 2, 2010) (Cleveland).
The alien was removed in absentia. The IJ granted his motion to rescind that order. The alien was ordered removed in absentia a second time and filed another motion to reopen, which the IJ denied as being number barred. The BIA disagreed and remanded.
The rescission of the first in absentia order "annulled" all the determinations made in the in absentia proceedings and returned the alien to the same status he had before the hearing. Thus, it was as if he never filed the motion and the current motion was treated as if it was his first.
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