Plain-English summary
Court: Noncitizens who received proper written notice cannot undo in absentia removal orders
The Supreme Court held that aliens who were ordered removed in absentia cannot seek to rescind those orders when they received the written notice required by statute. The decision affirms the Fifth Circuit and resolves splitting claims about what notice is enough under the Immigration and Nationality Act.
Why this matters
This decision limits a pathway for noncitizens to undo deportation orders by making clear that timely, proper written notice triggers the statute that authorizes in absentia removals. That affects many removal cases and reduces the grounds on which past in absentia orders can be challenged.
Who may feel it
- Noncitizens (immigration respondents) who missed removal hearings
- Immigration attorneys and legal aid groups representing respondents
- Immigration courts and the Department of Homeland Security (ICE/EOIR)
- Family members of removed noncitizens and communities with high immigration case volumes
Key questions
- Does the Immigration and Nationality Act allow a noncitizen to seek rescission of an in absentia removal order when the government provided the written notice required by 8 U.S.C. §1229(a)(2)?