Rescinded In Absentia Removal Order and Terminated Removal Proceedings for E-3 Visa Holder Stranded Abroad After Discovering the Order Only When Denied Reentry at the Border (September 2026)
Despite strong opposition from the Department of Homeland Security (DHS), our office successfully reopened an in absentia removal order for a client who was stranded outside the United States, brought the client back to the U.S., and then obtained a September 2026 order from the Concord Immigration Court terminating the removal proceedings entirely.
Our client, a software engineer, has lived and worked in the U.S. on E-3 visas since 2020. After our client changed employers and reentered on a new E-3 visa, the former employer withdrew its old petition. DHS wrongly treated this as an overstay and placed our client in removal proceedings. Because every notice was mailed to our client's old address, our client never knew the case existed and was ordered removed in absentia. Our client only learned of the order after a holiday trip abroad, when border officers refused to let them back into the country. Overnight, our client was locked out of the U.S., with their home, job, and spouse's status all at risk.
Our client contacted our office for help. Attorney Nguyen D. Luu reviewed the record and determined that our client never received proper notice and had maintained lawful status at all times. Even though our client was outside the country, Attorney Nguyen D. Luu concluded that the Immigration Court still had the power to reopen the case.
Our office filed an expedited motion to rescind the removal order and reopen the proceedings. DHS opposed, arguing the Court had no jurisdiction because our client had left the U.S. We filed a reply citing Board of Immigration Appeals precedent holding that departure does not bar reopening when a person never received notice. In less than one month, the Immigration Judge agreed and rescinded the removal order. Our client then obtained a new E-3 visa and was lawfully readmitted to the United States.
Our office then moved to terminate the case, showing that the former employer's petition withdrawal never affected our client's new E-3 status. The Immigration Judge granted our motion, finding our client was not removable as charged. Our client is now back home in the U.S., working and living with their spouse, with the removal case fully behind them.