Russell Abrutyn

Abrutyn Law PLLC

3765 12 Mile Road

Berkley, MI 48072

Friday, August 17, 2012

Departure after initiation of removal proceedings = in absentia order

In re Eliseo Pereyra, A076-014-954, 2012 WL 3276580 (BIA July 25, 2012) (Cleveland) (unpublished).

In this case, it appears that after the issuance of the NTA and its filing with the court, the alien left the U.S. and missed a hearing.  He was ordered removed in absentia.  The BIA affirmed the denial of a motion to reopen an in absentia order because the alien cannot defeat the court's jurisdiction by leaving the country. 

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