Immigration Board of Appeals Decision in Matter of S-L-H & L-B-L

June 30, 2022

On June 30, 2021, the Board of Immigration appeals issued a decision which provided insight on the issue of in absentia removal orders, and motions to reopen proceedings after an in-absentia removal has been ordered. The decision re-affirms the power of an Immigration Judge to exercise discretion in reopening proceedings for immigrants who are removed in-absentia. The decision provides guidance for what factors an immigration judge should consider, and what types of evidence they should accept when making a decision on reopening proceedings.