The Eleventh Circuit upheld an immigrant’s deportation order after they failed to appear at their removal hearing. The individual did not keep an updated address on file with the Department of Homeland Security and as such, did not attend the removal hearing.

Individuals applying for immigration status of any kind are required to maintain an accurate and up-to-date address with the U.S. Department of Homeland Security (DHS). This ensures the agency is able to contact the individual through the duration of their immigration process and remain in good standing with DHS. If individuals do not follow DHS agency procedures, including keeping an updated address on file, they are subject to removal proceedings.

Under the law, an immigrant has a right to notice of their removal proceedings. There are two types of written notice the statute provides for a notice to appear. The first outlines a charging document that is sent directly to the individual. This informs the non-citizen of the specific charges against them and outlines the legal and factual basis for the charges. It also includes the time and location at which the removal hearing will be held. The second type of notice provided under the statute is commonly referred to as a “notice of hearing.” The notice of hearing is simpler than a notice to appear, as it informs a non-citizen of the time and location of an upcoming removal hearing.

DHS guidelines require a non-citizen to keep DHS informed of any address changes, to ensure that proper notice can be provided. It warns that, in cases where the non-citizen fails to maintain accurate address information with DHS, the immigration judge can order removal in their absence.

However, if, for some reason, a non-citizen does not receive notice of their removal hearing details, the statute does not allow for in-absentia removal. When a non-citizen fails to provide an updated address to DHS, the code states that removal proceedings will automatically be invoked.

In reference to the removal proceedings themselves, upon provided notice, an immigration judge has the authority to receive evidence and testimony from the individual and others. A non-citizen has the right to attend their removal hearing and plead their case.

For the individual who is facing deportation, they changed their address without notifying the DHS. The person argued that they are exempt from removal proceedings, as they were not notified about the hearing, due to the change in address.

The individual was granted permanent resident status upon marriage to a U.S. citizen. Later the individual applied for the conditions of their status to be removed. However, they missed the interview for the request. Subsequently, the individual divorced. Their permanent resident status was terminated, making them subject to removal proceedings.

The Judge, on behalf of a three-judge panel, ruled that the lack of notification for the removal proceedings was not a sufficient excuse to not appear for the hearing. The judge clarified that they did receive a notice, charging them as removable, with a date and time for the hearing to be set and communicated later. In that notice, it is outlined that a current address must be on file with DHS. The notice providing the details of the hearing was sent to the same address, however, the individual moved and did not provide an updated address to DHS.

Citing the Immigration and Nationality Act, the Judge stated that, because the individual failed to maintain their whereabouts with the DHS, outlined as a requirement in the original notice notifying them that they were being charged as removable, the removal was compliant with the statute’s requirements.

Generally, an immigrant may be removed in-absentia if they received notice of their removal hearing and then failed to attend.

While it is possible for a non-citizen to evade removal, despite being absent from their removal hearing, it is only in circumstances where they did not receive actual notice. However, this option is not possible for those who failed to appear, despite receiving notice.

The Eleventh Circuit reaffirmed the Board of Immigration Appeals, as they could not find the Board made a wrong determination, as the records supported the agency’s findings.

The critical importance of maintaining a current address with DHS cannot be stressed enough. If you have questions about data requirements with DHS or any other immigration-related entity, contact us at ILBSG. Our expert team of attorneys is well versed with requirements and works with our clients to ensure they remain in compliance at all times.

Department of Homeland Security Deportation Removal Proceedings