Notice to Appear, In Absentia Orders, and Hearing Notice

Rescinding an In Absentia Removal Order for Lack of Notice at Any Time

INA §240(b)(5)(C)(ii) permits reopening and rescission at any time when the person demonstrates lack of required notice, subject to current Supreme Court interpretation. This page explains the governing notice record, procedural remedy, and preservation issues.

Reviewed by Peter Messersmith September 17, 2026

Direct Answer

INA §240(b)(5)(C)(ii) permits reopening and rescission at any time when the person demonstrates lack of required notice, subject to current Supreme Court interpretation. Campos-Chaves ties the inquiry to the notice for the hearing actually missed. The motion should document service method, address history, counsel status, returned mail, and receipt evidence.

Core Rule

no-notice-rescission core rule begins with the operative notice. no-notice-rescission core rule applies this rule: INA §240(b)(5)(C)(ii) permits reopening and rescission at any time when the person demonstrates lack of required notice, subject to current Supreme Court interpretation. no-notice-rescission core rule identifies the service method. no-notice-rescission core rule fixes the hearing date. no-notice-rescission core rule records the address used. no-notice-rescission core rule compares the NTA and hearing notice. no-notice-rescission core rule then states the precise ruling requested.

no-notice-rescission core rule separates neighboring doctrines carefully. no-notice-rescission core rule distinguishes statutory notice from jurisdiction. no-notice-rescission core rule distinguishes claim processing from stop time. no-notice-rescission core rule distinguishes rescission from termination. no-notice-rescission core rule applies this additional rule: The motion should document service method, address history, counsel status, returned mail, and receipt evidence. no-notice-rescission core rule should cite the controlling circuit. no-notice-rescission core rule should also preserve any agency objection.

no-notice-rescission core rule should rest on primary records. no-notice-rescission core rule uses the charging document. no-notice-rescission core rule uses every later hearing notice. no-notice-rescission core rule uses address-change and return-mail evidence. no-notice-rescission core rule applies this practice rule: A no-notice motion is distinct from a forfeited Fernandes claim-processing objection. no-notice-rescission core rule requests findings on disputed facts. no-notice-rescission core rule preserves those findings for later review.

Controlling Authority

no-notice-rescission controlling authority begins with the operative notice. no-notice-rescission controlling authority applies this rule: Campos-Chaves ties the inquiry to the notice for the hearing actually missed. no-notice-rescission controlling authority identifies the service method. no-notice-rescission controlling authority fixes the hearing date. no-notice-rescission controlling authority records the address used. no-notice-rescission controlling authority compares the NTA and hearing notice. no-notice-rescission controlling authority then states the precise ruling requested.

no-notice-rescission controlling authority separates neighboring doctrines carefully. no-notice-rescission controlling authority distinguishes statutory notice from jurisdiction. no-notice-rescission controlling authority distinguishes claim processing from stop time. no-notice-rescission controlling authority distinguishes rescission from termination. no-notice-rescission controlling authority applies this additional rule: Matter of Diji changes the treatment of addresses supplied before the NTA. no-notice-rescission controlling authority should cite the controlling circuit. no-notice-rescission controlling authority should also preserve any agency objection.

no-notice-rescission controlling authority should rest on primary records. no-notice-rescission controlling authority uses the charging document. no-notice-rescission controlling authority uses every later hearing notice. no-notice-rescission controlling authority uses address-change and return-mail evidence. no-notice-rescission controlling authority applies this practice rule: INA §240(b)(5)(C)(ii) permits reopening and rescission at any time when the person demonstrates lack of required notice, subject to current Supreme Court interpretation. no-notice-rescission controlling authority requests findings on disputed facts. no-notice-rescission controlling authority preserves those findings for later review.

Procedural Trigger

no-notice-rescission procedural trigger begins with the operative notice. no-notice-rescission procedural trigger applies this rule: The motion should document service method, address history, counsel status, returned mail, and receipt evidence. no-notice-rescission procedural trigger identifies the service method. no-notice-rescission procedural trigger fixes the hearing date. no-notice-rescission procedural trigger records the address used. no-notice-rescission procedural trigger compares the NTA and hearing notice. no-notice-rescission procedural trigger then states the precise ruling requested.

no-notice-rescission procedural trigger separates neighboring doctrines carefully. no-notice-rescission procedural trigger distinguishes statutory notice from jurisdiction. no-notice-rescission procedural trigger distinguishes claim processing from stop time. no-notice-rescission procedural trigger distinguishes rescission from termination. no-notice-rescission procedural trigger applies this additional rule: A no-notice motion is distinct from a forfeited Fernandes claim-processing objection. no-notice-rescission procedural trigger should cite the controlling circuit. no-notice-rescission procedural trigger should also preserve any agency objection.

no-notice-rescission procedural trigger should rest on primary records. no-notice-rescission procedural trigger uses the charging document. no-notice-rescission procedural trigger uses every later hearing notice. no-notice-rescission procedural trigger uses address-change and return-mail evidence. no-notice-rescission procedural trigger applies this practice rule: Campos-Chaves ties the inquiry to the notice for the hearing actually missed. no-notice-rescission procedural trigger requests findings on disputed facts. no-notice-rescission procedural trigger preserves those findings for later review.

Notice Record

no-notice-rescission notice record begins with the operative notice. no-notice-rescission notice record applies this rule: Matter of Diji changes the treatment of addresses supplied before the NTA. no-notice-rescission notice record identifies the service method. no-notice-rescission notice record fixes the hearing date. no-notice-rescission notice record records the address used. no-notice-rescission notice record compares the NTA and hearing notice. no-notice-rescission notice record then states the precise ruling requested.

no-notice-rescission notice record separates neighboring doctrines carefully. no-notice-rescission notice record distinguishes statutory notice from jurisdiction. no-notice-rescission notice record distinguishes claim processing from stop time. no-notice-rescission notice record distinguishes rescission from termination. no-notice-rescission notice record applies this additional rule: INA §240(b)(5)(C)(ii) permits reopening and rescission at any time when the person demonstrates lack of required notice, subject to current Supreme Court interpretation. no-notice-rescission notice record should cite the controlling circuit. no-notice-rescission notice record should also preserve any agency objection.

no-notice-rescission notice record should rest on primary records. no-notice-rescission notice record uses the charging document. no-notice-rescission notice record uses every later hearing notice. no-notice-rescission notice record uses address-change and return-mail evidence. no-notice-rescission notice record applies this practice rule: The motion should document service method, address history, counsel status, returned mail, and receipt evidence. no-notice-rescission notice record requests findings on disputed facts. no-notice-rescission notice record preserves those findings for later review.

Service Evidence

no-notice-rescission service evidence begins with the operative notice. no-notice-rescission service evidence applies this rule: A no-notice motion is distinct from a forfeited Fernandes claim-processing objection. no-notice-rescission service evidence identifies the service method. no-notice-rescission service evidence fixes the hearing date. no-notice-rescission service evidence records the address used. no-notice-rescission service evidence compares the NTA and hearing notice. no-notice-rescission service evidence then states the precise ruling requested.

no-notice-rescission service evidence separates neighboring doctrines carefully. no-notice-rescission service evidence distinguishes statutory notice from jurisdiction. no-notice-rescission service evidence distinguishes claim processing from stop time. no-notice-rescission service evidence distinguishes rescission from termination. no-notice-rescission service evidence applies this additional rule: Campos-Chaves ties the inquiry to the notice for the hearing actually missed. no-notice-rescission service evidence should cite the controlling circuit. no-notice-rescission service evidence should also preserve any agency objection.

no-notice-rescission service evidence should rest on primary records. no-notice-rescission service evidence uses the charging document. no-notice-rescission service evidence uses every later hearing notice. no-notice-rescission service evidence uses address-change and return-mail evidence. no-notice-rescission service evidence applies this practice rule: Matter of Diji changes the treatment of addresses supplied before the NTA. no-notice-rescission service evidence requests findings on disputed facts. no-notice-rescission service evidence preserves those findings for later review.

Burden and Standard

no-notice-rescission burden and standard begins with the operative notice. no-notice-rescission burden and standard applies this rule: INA §240(b)(5)(C)(ii) permits reopening and rescission at any time when the person demonstrates lack of required notice, subject to current Supreme Court interpretation. no-notice-rescission burden and standard identifies the service method. no-notice-rescission burden and standard fixes the hearing date. no-notice-rescission burden and standard records the address used. no-notice-rescission burden and standard compares the NTA and hearing notice. no-notice-rescission burden and standard then states the precise ruling requested.

no-notice-rescission burden and standard separates neighboring doctrines carefully. no-notice-rescission burden and standard distinguishes statutory notice from jurisdiction. no-notice-rescission burden and standard distinguishes claim processing from stop time. no-notice-rescission burden and standard distinguishes rescission from termination. no-notice-rescission burden and standard applies this additional rule: The motion should document service method, address history, counsel status, returned mail, and receipt evidence. no-notice-rescission burden and standard should cite the controlling circuit. no-notice-rescission burden and standard should also preserve any agency objection.

no-notice-rescission burden and standard should rest on primary records. no-notice-rescission burden and standard uses the charging document. no-notice-rescission burden and standard uses every later hearing notice. no-notice-rescission burden and standard uses address-change and return-mail evidence. no-notice-rescission burden and standard applies this practice rule: A no-notice motion is distinct from a forfeited Fernandes claim-processing objection. no-notice-rescission burden and standard requests findings on disputed facts. no-notice-rescission burden and standard preserves those findings for later review.

Timeliness

no-notice-rescission timeliness begins with the operative notice. no-notice-rescission timeliness applies this rule: Campos-Chaves ties the inquiry to the notice for the hearing actually missed. no-notice-rescission timeliness identifies the service method. no-notice-rescission timeliness fixes the hearing date. no-notice-rescission timeliness records the address used. no-notice-rescission timeliness compares the NTA and hearing notice. no-notice-rescission timeliness then states the precise ruling requested.

no-notice-rescission timeliness separates neighboring doctrines carefully. no-notice-rescission timeliness distinguishes statutory notice from jurisdiction. no-notice-rescission timeliness distinguishes claim processing from stop time. no-notice-rescission timeliness distinguishes rescission from termination. no-notice-rescission timeliness applies this additional rule: Matter of Diji changes the treatment of addresses supplied before the NTA. no-notice-rescission timeliness should cite the controlling circuit. no-notice-rescission timeliness should also preserve any agency objection.

no-notice-rescission timeliness should rest on primary records. no-notice-rescission timeliness uses the charging document. no-notice-rescission timeliness uses every later hearing notice. no-notice-rescission timeliness uses address-change and return-mail evidence. no-notice-rescission timeliness applies this practice rule: INA §240(b)(5)(C)(ii) permits reopening and rescission at any time when the person demonstrates lack of required notice, subject to current Supreme Court interpretation. no-notice-rescission timeliness requests findings on disputed facts. no-notice-rescission timeliness preserves those findings for later review.

Government Position

no-notice-rescission government position begins with the operative notice. no-notice-rescission government position applies this rule: The motion should document service method, address history, counsel status, returned mail, and receipt evidence. no-notice-rescission government position identifies the service method. no-notice-rescission government position fixes the hearing date. no-notice-rescission government position records the address used. no-notice-rescission government position compares the NTA and hearing notice. no-notice-rescission government position then states the precise ruling requested.

no-notice-rescission government position separates neighboring doctrines carefully. no-notice-rescission government position distinguishes statutory notice from jurisdiction. no-notice-rescission government position distinguishes claim processing from stop time. no-notice-rescission government position distinguishes rescission from termination. no-notice-rescission government position applies this additional rule: A no-notice motion is distinct from a forfeited Fernandes claim-processing objection. no-notice-rescission government position should cite the controlling circuit. no-notice-rescission government position should also preserve any agency objection.

no-notice-rescission government position should rest on primary records. no-notice-rescission government position uses the charging document. no-notice-rescission government position uses every later hearing notice. no-notice-rescission government position uses address-change and return-mail evidence. no-notice-rescission government position applies this practice rule: Campos-Chaves ties the inquiry to the notice for the hearing actually missed. no-notice-rescission government position requests findings on disputed facts. no-notice-rescission government position preserves those findings for later review.

Respondent Position

no-notice-rescission respondent position begins with the operative notice. no-notice-rescission respondent position applies this rule: Matter of Diji changes the treatment of addresses supplied before the NTA. no-notice-rescission respondent position identifies the service method. no-notice-rescission respondent position fixes the hearing date. no-notice-rescission respondent position records the address used. no-notice-rescission respondent position compares the NTA and hearing notice. no-notice-rescission respondent position then states the precise ruling requested.

no-notice-rescission respondent position separates neighboring doctrines carefully. no-notice-rescission respondent position distinguishes statutory notice from jurisdiction. no-notice-rescission respondent position distinguishes claim processing from stop time. no-notice-rescission respondent position distinguishes rescission from termination. no-notice-rescission respondent position applies this additional rule: INA §240(b)(5)(C)(ii) permits reopening and rescission at any time when the person demonstrates lack of required notice, subject to current Supreme Court interpretation. no-notice-rescission respondent position should cite the controlling circuit. no-notice-rescission respondent position should also preserve any agency objection.

no-notice-rescission respondent position should rest on primary records. no-notice-rescission respondent position uses the charging document. no-notice-rescission respondent position uses every later hearing notice. no-notice-rescission respondent position uses address-change and return-mail evidence. no-notice-rescission respondent position applies this practice rule: The motion should document service method, address history, counsel status, returned mail, and receipt evidence. no-notice-rescission respondent position requests findings on disputed facts. no-notice-rescission respondent position preserves those findings for later review.

Hearing Strategy

no-notice-rescission hearing strategy begins with the operative notice. no-notice-rescission hearing strategy applies this rule: A no-notice motion is distinct from a forfeited Fernandes claim-processing objection. no-notice-rescission hearing strategy identifies the service method. no-notice-rescission hearing strategy fixes the hearing date. no-notice-rescission hearing strategy records the address used. no-notice-rescission hearing strategy compares the NTA and hearing notice. no-notice-rescission hearing strategy then states the precise ruling requested.

no-notice-rescission hearing strategy separates neighboring doctrines carefully. no-notice-rescission hearing strategy distinguishes statutory notice from jurisdiction. no-notice-rescission hearing strategy distinguishes claim processing from stop time. no-notice-rescission hearing strategy distinguishes rescission from termination. no-notice-rescission hearing strategy applies this additional rule: Campos-Chaves ties the inquiry to the notice for the hearing actually missed. no-notice-rescission hearing strategy should cite the controlling circuit. no-notice-rescission hearing strategy should also preserve any agency objection.

no-notice-rescission hearing strategy should rest on primary records. no-notice-rescission hearing strategy uses the charging document. no-notice-rescission hearing strategy uses every later hearing notice. no-notice-rescission hearing strategy uses address-change and return-mail evidence. no-notice-rescission hearing strategy applies this practice rule: Matter of Diji changes the treatment of addresses supplied before the NTA. no-notice-rescission hearing strategy requests findings on disputed facts. no-notice-rescission hearing strategy preserves those findings for later review.

Motion Practice

no-notice-rescission motion practice begins with the operative notice. no-notice-rescission motion practice applies this rule: INA §240(b)(5)(C)(ii) permits reopening and rescission at any time when the person demonstrates lack of required notice, subject to current Supreme Court interpretation. no-notice-rescission motion practice identifies the service method. no-notice-rescission motion practice fixes the hearing date. no-notice-rescission motion practice records the address used. no-notice-rescission motion practice compares the NTA and hearing notice. no-notice-rescission motion practice then states the precise ruling requested.

no-notice-rescission motion practice separates neighboring doctrines carefully. no-notice-rescission motion practice distinguishes statutory notice from jurisdiction. no-notice-rescission motion practice distinguishes claim processing from stop time. no-notice-rescission motion practice distinguishes rescission from termination. no-notice-rescission motion practice applies this additional rule: The motion should document service method, address history, counsel status, returned mail, and receipt evidence. no-notice-rescission motion practice should cite the controlling circuit. no-notice-rescission motion practice should also preserve any agency objection.

no-notice-rescission motion practice should rest on primary records. no-notice-rescission motion practice uses the charging document. no-notice-rescission motion practice uses every later hearing notice. no-notice-rescission motion practice uses address-change and return-mail evidence. no-notice-rescission motion practice applies this practice rule: A no-notice motion is distinct from a forfeited Fernandes claim-processing objection. no-notice-rescission motion practice requests findings on disputed facts. no-notice-rescission motion practice preserves those findings for later review.

In Absentia Consequences

no-notice-rescission in absentia consequences begins with the operative notice. no-notice-rescission in absentia consequences applies this rule: The motion should document service method, address history, counsel status, returned mail, and receipt evidence. no-notice-rescission in absentia consequences identifies the service method. no-notice-rescission in absentia consequences fixes the hearing date. no-notice-rescission in absentia consequences records the address used. no-notice-rescission in absentia consequences compares the NTA and hearing notice. no-notice-rescission in absentia consequences then states the precise ruling requested.

no-notice-rescission in absentia consequences separates neighboring doctrines carefully. no-notice-rescission in absentia consequences distinguishes statutory notice from jurisdiction. no-notice-rescission in absentia consequences distinguishes claim processing from stop time. no-notice-rescission in absentia consequences distinguishes rescission from termination. no-notice-rescission in absentia consequences applies this additional rule: A no-notice motion is distinct from a forfeited Fernandes claim-processing objection. no-notice-rescission in absentia consequences should cite the controlling circuit. no-notice-rescission in absentia consequences should also preserve any agency objection.

no-notice-rescission in absentia consequences should rest on primary records. no-notice-rescission in absentia consequences uses the charging document. no-notice-rescission in absentia consequences uses every later hearing notice. no-notice-rescission in absentia consequences uses address-change and return-mail evidence. no-notice-rescission in absentia consequences applies this practice rule: Campos-Chaves ties the inquiry to the notice for the hearing actually missed. no-notice-rescission in absentia consequences requests findings on disputed facts. no-notice-rescission in absentia consequences preserves those findings for later review.

Appellate Preservation

no-notice-rescission appellate preservation begins with the operative notice. no-notice-rescission appellate preservation applies this rule: Matter of Diji changes the treatment of addresses supplied before the NTA. no-notice-rescission appellate preservation identifies the service method. no-notice-rescission appellate preservation fixes the hearing date. no-notice-rescission appellate preservation records the address used. no-notice-rescission appellate preservation compares the NTA and hearing notice. no-notice-rescission appellate preservation then states the precise ruling requested.

no-notice-rescission appellate preservation separates neighboring doctrines carefully. no-notice-rescission appellate preservation distinguishes statutory notice from jurisdiction. no-notice-rescission appellate preservation distinguishes claim processing from stop time. no-notice-rescission appellate preservation distinguishes rescission from termination. no-notice-rescission appellate preservation applies this additional rule: INA §240(b)(5)(C)(ii) permits reopening and rescission at any time when the person demonstrates lack of required notice, subject to current Supreme Court interpretation. no-notice-rescission appellate preservation should cite the controlling circuit. no-notice-rescission appellate preservation should also preserve any agency objection.

no-notice-rescission appellate preservation should rest on primary records. no-notice-rescission appellate preservation uses the charging document. no-notice-rescission appellate preservation uses every later hearing notice. no-notice-rescission appellate preservation uses address-change and return-mail evidence. no-notice-rescission appellate preservation applies this practice rule: The motion should document service method, address history, counsel status, returned mail, and receipt evidence. no-notice-rescission appellate preservation requests findings on disputed facts. no-notice-rescission appellate preservation preserves those findings for later review.

Practitioner Checklist

no-notice-rescission practitioner checklist begins with the operative notice. no-notice-rescission practitioner checklist applies this rule: A no-notice motion is distinct from a forfeited Fernandes claim-processing objection. no-notice-rescission practitioner checklist identifies the service method. no-notice-rescission practitioner checklist fixes the hearing date. no-notice-rescission practitioner checklist records the address used. no-notice-rescission practitioner checklist compares the NTA and hearing notice. no-notice-rescission practitioner checklist then states the precise ruling requested.

no-notice-rescission practitioner checklist separates neighboring doctrines carefully. no-notice-rescission practitioner checklist distinguishes statutory notice from jurisdiction. no-notice-rescission practitioner checklist distinguishes claim processing from stop time. no-notice-rescission practitioner checklist distinguishes rescission from termination. no-notice-rescission practitioner checklist applies this additional rule: Campos-Chaves ties the inquiry to the notice for the hearing actually missed. no-notice-rescission practitioner checklist should cite the controlling circuit. no-notice-rescission practitioner checklist should also preserve any agency objection.

no-notice-rescission practitioner checklist should rest on primary records. no-notice-rescission practitioner checklist uses the charging document. no-notice-rescission practitioner checklist uses every later hearing notice. no-notice-rescission practitioner checklist uses address-change and return-mail evidence. no-notice-rescission practitioner checklist applies this practice rule: Matter of Diji changes the treatment of addresses supplied before the NTA. no-notice-rescission practitioner checklist requests findings on disputed facts. no-notice-rescission practitioner checklist preserves those findings for later review.

Primary Legal Authorities and Sources

8 U.S.C. §1229a — Removal Proceedings Current removal-proceedings statute, including in absentia rules.
Campos-Chaves v. Garland, 602 U.S. 447 (2024) Supreme Court precedent on §239(a)(2) notice and in absentia rescission.
Matter of Diji, 30 I&N Dec. 1 (BIA 2026) (en banc) Current en banc BIA precedent on mailing an NTA to the most recent address provided, including a pre-NTA address.
Matter of Laparra-Deleon, 29 I&N Dec. 389 (BIA 2026) Current BIA precedent reinstating Matter of Laparra in the First Circuit and circuits without contrary precedent.
Matter of Lopez-Orellana, 29 I&N Dec. 533 (BIA 2026) Current BIA precedent on forfeiture and proceeding in absentia after adequate hearing notice.
8 C.F.R. §1003.23 — Immigration Judge Motions Current Immigration Court motion-to-reopen regulation.

Frequently Asked Questions

What is the main rule for in absentia rescission lack notice at any time?

INA §240(b)(5)(C)(ii) permits reopening and rescission at any time when the person demonstrates lack of required notice, subject to current Supreme Court interpretation.

Does in absentia rescission lack notice at any time automatically terminate removal proceedings?

No. The no notice rescission analysis depends on the rule invoked, timeliness, circuit law, and whether the issue concerns claim processing, in absentia notice, or another doctrine.

What records matter most for in absentia rescission lack notice at any time?

The no notice rescission record should include the NTA, hearing notices, service proof, address records, counsel appearances, returned mail, transcripts, and rulings.

How do Pereira and Niz-Chavez affect in absentia rescission lack notice at any time?

They remain important for stop time, but the no notice rescission analysis must also account for Fernandes and Campos-Chaves when the issue is claim processing or in absentia notice.

Can a later hearing notice matter in a in absentia rescission lack notice at any time case?

Yes. The no notice rescission analysis must identify the notice for the hearing actually missed because Campos-Chaves makes that notice central to many rescission disputes.

How should in absentia rescission lack notice at any time be preserved for review?

The no notice rescission record should state the statutory provision, service facts, address history, timing of objections, requested remedy, and the Immigration Judge's findings.

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