Judge Cannot Impose Time Restriction on Motion To Reopen In Absentia Deportation Order
Andia v. Ashcroft, 359 F.3d 1181 (9th Cir. 2004)

Ms. Andia and her son were victimized by an immigration consultant who put his own address on their application for asylum, without their knowledge. Consequently, correspondence went to the immigration consultant, who failed to forward it to Ms. Andia. She and her son never received notices to appear in Immigration Court, and were ordered deported in absentia. Once they discovered this order, they filed a motion to reopen their case seven months later. The Immigration Judge and the Board of Immigration Appeals held that this seven-month delay was improper and denied the motion, despite the law allowing a motion to be filed at any time. The Ninth Circuit U.S. Court of Appeals disagreed, stating that the Judge and the Board had violated the clear law. The case is now back before the Board of Immigration Appeals, waiting to be remanded to the Immigration Judge.

For more information: Read the decision here.
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