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Client, who was representing himself, missed his court date due to a misunderstanding of the hearing notice and an in absentia order of removal was entered against client. ICE demanded that client surrender for removal. Client retained attorney Chelico for representation. Attorney Chelico reviewed the facts of the case and determined that client’s circumstances fell under the exceptional circumstances that makes client eligible to file a motion to reopen. Attorney Chelico filed a motion to reopen and served ICE removal unit and requested that client not be arrested until the court has made a decision on the motion. The government opposed the motion.

Case Results

The court granted the motion. The order of removal was set aside and the court reopened removal proceedings. Client can now have an opportunity to present his case instead of getting arrested and deported.