The Eleventh Circuit has held that a putative NTA (missing the date and time of an initial removal hearing) does not preclude an in absentia order if the hearing was rescheduled, and a notice of the rescheduled hearing was sent to the last known address. In this case, the petitioner did not receive that hearing notice because he moved without notifying the court. The court recognized that its interpretation created a circuit split with the Ninth Circuit.

The full text of Dacostagomez-Aguilar v. Attorney General can be found here:

https://media.ca11.uscourts.gov/opinions/pub/files/202013576.pdf

Comment