Judges may assess credibility in requests to reopen in-absentia deportations
A Board of Immigration Appeals precedent allows review of explanations from people who missed a hearing and seek reconsideration of their order.
The U.S. Board of Immigration Appeals established a precedent on October 19, 2026, for motions to reopen deportation orders issued in absentia. Judges may assess the credibility of a person's explanation for missing the hearing. The rule applies to people seeking review of an order entered after their absence.
The precedent also says an affidavit need not be accepted as true solely because it was signed under oath. A judge may examine whether the account is credible, so the signature alone does not determine the motion's outcome.
Review centers on the reasons offered for failure to attend. If the person later seeks reopening, the judge may consider that explanation while examining the request. Credibility therefore becomes part of analysis of an in-absentia removal order.
The precedent may affect Cuban immigrants seeking another opportunity in immigration court. Application depends on each case's circumstances and relevant precedents. It creates a framework, while the judge evaluates each individual motion.
The Board's October 19 precedent allows judges to assess the applicant's account and does not require them to accept a sworn statement automatically. For people ordered removed after missing a hearing, that credibility finding may influence the reopening request.