"At any time" means at any time

In re Hugo Sanchez, A096-419-992, 2010 WL 2601529 (BIA June 15, 2010) (Detroit - unpublished).

In this case, the NTA and Notice of Custody Determination contained the alien's correct address.  But when he bonded out, ICE gave the Immigration Court the address of the bond obligor.  The hearing notice was sent to that address and the alien failed to appear.  A month later, he received notice to report for his removal.  He reported and was removed and illegally reentered seven months later.  He was convicted of illegal reentry.

The BIA found that the notice was deficient because the alien never claimed to be living at the obligor's address.  It reversed the IJ, vacated the removal order, and remanded.  The BIA noted that a motion to rescind an in absentia order can be filed "at any time" (INA 240(b)(5)(C)(ii)) so it does not matter if the alien waited a long time to file the motion or did not exercise due diligence.  "At any time" means just that.

No issue was made of the alien's departure and illegal reentry, consistent with Matter of Bulnes, 25 I&N Dec. 57 (BIA 2009).