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Supreme Court issues ruling on in absentia deportations

On Behalf of | Jun 20, 2024 | Immigration Law

Some immigrants coming into the United States ask to seek protection here at the border. Whether this is through asylum or other methods, they will have a criminal background check done on them. If they pass that check, they’ll likely be provided with a Notice to Appear (NTA) that requires them to appear for a hearing in their destination city. 

One issue that immigrants may face with this process is that the NTA is sometimes incomplete, so they may not know where or when they need to appear for their hearing. If they don’t appear, they can be deported in absentia. 

Three cases go before the Supreme Court

Three immigration cases of individuals who had in absentia deportation orders were recently heard by the Supreme Court because the immigrants filed appeals to try to have their deportation orders overturned. Unfortunately, the Supreme Court didn’t agree with the petition to overturn those orders. 

In one of the three cases, the Board of Immigration Appeals noted that the initial NTA didn’t contain all the information, but the man did eventually receive a complete notice. Based on this, the Supreme Court ruled that only immigrants who don’t receive complete information about their hearings can have an in absentia deportation order revoked.

These cases are complex and depend on a host of factors. Understanding the immigration laws as they apply to a specific case can be difficult, especially with the changing landscape of immigration law. Working with someone familiar with these cases is beneficial for immigrants who want to navigate the legal system in this country.