Template Motion to Rescind In Absentia Removal Order In Light of Niz-Chavez v. Garland

NILA has created a template motion for individuals with in absentia orders in removal proceedings that were commenced by a defective Notice to Appear (NTA), i.e., an NTA that lacked the date and/or time of the removal hearing. Under Pereira v. Sessions, 138 S. Ct. 2105 (2019) and Niz-Chavez v. Garland, 141 S. Ct. 1474 (2021), one can argue that they did not receive lawful notice of their removal hearing and, thus, the immigration judge should rescind the in absentia order. The template is here.

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