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Motion to Reopen and Vacate In-absentia Order

Our client, a native and citizen of Haiti, failed to appear on the date and time of his removal proceedings in the Miami Immigration Court. As a result, the Miami Immigration Judge ordered that he be removed (deported) in-absentia. We filed a Motion to Reopen directly with the Immigration Judge showing that our client did not receive proper notice of the date and time of his removal proceedings hearing. The Immigration Judge allowed the Department of Homeland Security, Office of Chief Counsel, 30 days to respond. After no response was received within the 30 days, the Immigration Judge vacated the removal order and scheduled a new hearing for our client.

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