In Dacostagomez-Aguilar v. U.S. Attorney General, the United States Court of Appeals for the Eleventh Circuit addressed what specific notice deficiencies an immigrant must show under the Immigration and Nationality Act to reopen his or her case after an in absentia removal order has been entered.
On appeal, the Eleventh Circuit held that “a movant must show that he failed to receive the notice for the hearing at which he was ordered to remove.” Thus, the government is only required to send one form of notice recognized by the Act as long the notice was proper for the specific hearing at which the alien did not appear. The Board of Immigration Appeals denied Dacostagomez-Aguilar’s request to reopen his removal proceedings, and the Eleventh Circuit denied his petition to review.