The Ten-Year Relief Bar After an In Absentia Order and Oral Failure-to-Appear Warning
INA §240(b)(7) creates a ten-year bar to specified discretionary relief when an in absentia order is entered after the required oral warning in a language understood. This page explains the governing notice record, procedural remedy, and preservation issues.
INA §240(b)(7) creates a ten-year bar to specified discretionary relief when an in absentia order is entered after the required oral warning in a language understood. The listed relief includes cancellation, voluntary departure, adjustment, change of nonimmigrant classification, and registry. The record must establish the statutory oral advisal rather than merely written notice.
Core Rule
ten-year-relief-bar core rule begins with the operative notice. ten-year-relief-bar core rule applies this rule: INA §240(b)(7) creates a ten-year bar to specified discretionary relief when an in absentia order is entered after the required oral warning in a language understood. ten-year-relief-bar core rule identifies the service method. ten-year-relief-bar core rule fixes the hearing date. ten-year-relief-bar core rule records the address used. ten-year-relief-bar core rule compares the NTA and hearing notice. ten-year-relief-bar core rule then states the precise ruling requested.
ten-year-relief-bar core rule separates neighboring doctrines carefully. ten-year-relief-bar core rule distinguishes statutory notice from jurisdiction. ten-year-relief-bar core rule distinguishes claim processing from stop time. ten-year-relief-bar core rule distinguishes rescission from termination. ten-year-relief-bar core rule applies this additional rule: The record must establish the statutory oral advisal rather than merely written notice. ten-year-relief-bar core rule should cite the controlling circuit. ten-year-relief-bar core rule should also preserve any agency objection.
ten-year-relief-bar core rule should rest on primary records. ten-year-relief-bar core rule uses the charging document. ten-year-relief-bar core rule uses every later hearing notice. ten-year-relief-bar core rule uses address-change and return-mail evidence. ten-year-relief-bar core rule applies this practice rule: Rescission, reopening, and later relief eligibility should be analyzed separately. ten-year-relief-bar core rule requests findings on disputed facts. ten-year-relief-bar core rule preserves those findings for later review.
Controlling Authority
ten-year-relief-bar controlling authority begins with the operative notice. ten-year-relief-bar controlling authority applies this rule: The listed relief includes cancellation, voluntary departure, adjustment, change of nonimmigrant classification, and registry. ten-year-relief-bar controlling authority identifies the service method. ten-year-relief-bar controlling authority fixes the hearing date. ten-year-relief-bar controlling authority records the address used. ten-year-relief-bar controlling authority compares the NTA and hearing notice. ten-year-relief-bar controlling authority then states the precise ruling requested.
ten-year-relief-bar controlling authority separates neighboring doctrines carefully. ten-year-relief-bar controlling authority distinguishes statutory notice from jurisdiction. ten-year-relief-bar controlling authority distinguishes claim processing from stop time. ten-year-relief-bar controlling authority distinguishes rescission from termination. ten-year-relief-bar controlling authority applies this additional rule: The ten-year period runs from entry of the final in absentia order. ten-year-relief-bar controlling authority should cite the controlling circuit. ten-year-relief-bar controlling authority should also preserve any agency objection.
ten-year-relief-bar controlling authority should rest on primary records. ten-year-relief-bar controlling authority uses the charging document. ten-year-relief-bar controlling authority uses every later hearing notice. ten-year-relief-bar controlling authority uses address-change and return-mail evidence. ten-year-relief-bar controlling authority applies this practice rule: INA §240(b)(7) creates a ten-year bar to specified discretionary relief when an in absentia order is entered after the required oral warning in a language understood. ten-year-relief-bar controlling authority requests findings on disputed facts. ten-year-relief-bar controlling authority preserves those findings for later review.
Procedural Trigger
ten-year-relief-bar procedural trigger begins with the operative notice. ten-year-relief-bar procedural trigger applies this rule: The record must establish the statutory oral advisal rather than merely written notice. ten-year-relief-bar procedural trigger identifies the service method. ten-year-relief-bar procedural trigger fixes the hearing date. ten-year-relief-bar procedural trigger records the address used. ten-year-relief-bar procedural trigger compares the NTA and hearing notice. ten-year-relief-bar procedural trigger then states the precise ruling requested.
ten-year-relief-bar procedural trigger separates neighboring doctrines carefully. ten-year-relief-bar procedural trigger distinguishes statutory notice from jurisdiction. ten-year-relief-bar procedural trigger distinguishes claim processing from stop time. ten-year-relief-bar procedural trigger distinguishes rescission from termination. ten-year-relief-bar procedural trigger applies this additional rule: Rescission, reopening, and later relief eligibility should be analyzed separately. ten-year-relief-bar procedural trigger should cite the controlling circuit. ten-year-relief-bar procedural trigger should also preserve any agency objection.
ten-year-relief-bar procedural trigger should rest on primary records. ten-year-relief-bar procedural trigger uses the charging document. ten-year-relief-bar procedural trigger uses every later hearing notice. ten-year-relief-bar procedural trigger uses address-change and return-mail evidence. ten-year-relief-bar procedural trigger applies this practice rule: The listed relief includes cancellation, voluntary departure, adjustment, change of nonimmigrant classification, and registry. ten-year-relief-bar procedural trigger requests findings on disputed facts. ten-year-relief-bar procedural trigger preserves those findings for later review.
Notice Record
ten-year-relief-bar notice record begins with the operative notice. ten-year-relief-bar notice record applies this rule: The ten-year period runs from entry of the final in absentia order. ten-year-relief-bar notice record identifies the service method. ten-year-relief-bar notice record fixes the hearing date. ten-year-relief-bar notice record records the address used. ten-year-relief-bar notice record compares the NTA and hearing notice. ten-year-relief-bar notice record then states the precise ruling requested.
ten-year-relief-bar notice record separates neighboring doctrines carefully. ten-year-relief-bar notice record distinguishes statutory notice from jurisdiction. ten-year-relief-bar notice record distinguishes claim processing from stop time. ten-year-relief-bar notice record distinguishes rescission from termination. ten-year-relief-bar notice record applies this additional rule: INA §240(b)(7) creates a ten-year bar to specified discretionary relief when an in absentia order is entered after the required oral warning in a language understood. ten-year-relief-bar notice record should cite the controlling circuit. ten-year-relief-bar notice record should also preserve any agency objection.
ten-year-relief-bar notice record should rest on primary records. ten-year-relief-bar notice record uses the charging document. ten-year-relief-bar notice record uses every later hearing notice. ten-year-relief-bar notice record uses address-change and return-mail evidence. ten-year-relief-bar notice record applies this practice rule: The record must establish the statutory oral advisal rather than merely written notice. ten-year-relief-bar notice record requests findings on disputed facts. ten-year-relief-bar notice record preserves those findings for later review.
Service Evidence
ten-year-relief-bar service evidence begins with the operative notice. ten-year-relief-bar service evidence applies this rule: Rescission, reopening, and later relief eligibility should be analyzed separately. ten-year-relief-bar service evidence identifies the service method. ten-year-relief-bar service evidence fixes the hearing date. ten-year-relief-bar service evidence records the address used. ten-year-relief-bar service evidence compares the NTA and hearing notice. ten-year-relief-bar service evidence then states the precise ruling requested.
ten-year-relief-bar service evidence separates neighboring doctrines carefully. ten-year-relief-bar service evidence distinguishes statutory notice from jurisdiction. ten-year-relief-bar service evidence distinguishes claim processing from stop time. ten-year-relief-bar service evidence distinguishes rescission from termination. ten-year-relief-bar service evidence applies this additional rule: The listed relief includes cancellation, voluntary departure, adjustment, change of nonimmigrant classification, and registry. ten-year-relief-bar service evidence should cite the controlling circuit. ten-year-relief-bar service evidence should also preserve any agency objection.
ten-year-relief-bar service evidence should rest on primary records. ten-year-relief-bar service evidence uses the charging document. ten-year-relief-bar service evidence uses every later hearing notice. ten-year-relief-bar service evidence uses address-change and return-mail evidence. ten-year-relief-bar service evidence applies this practice rule: The ten-year period runs from entry of the final in absentia order. ten-year-relief-bar service evidence requests findings on disputed facts. ten-year-relief-bar service evidence preserves those findings for later review.
Burden and Standard
ten-year-relief-bar burden and standard begins with the operative notice. ten-year-relief-bar burden and standard applies this rule: INA §240(b)(7) creates a ten-year bar to specified discretionary relief when an in absentia order is entered after the required oral warning in a language understood. ten-year-relief-bar burden and standard identifies the service method. ten-year-relief-bar burden and standard fixes the hearing date. ten-year-relief-bar burden and standard records the address used. ten-year-relief-bar burden and standard compares the NTA and hearing notice. ten-year-relief-bar burden and standard then states the precise ruling requested.
ten-year-relief-bar burden and standard separates neighboring doctrines carefully. ten-year-relief-bar burden and standard distinguishes statutory notice from jurisdiction. ten-year-relief-bar burden and standard distinguishes claim processing from stop time. ten-year-relief-bar burden and standard distinguishes rescission from termination. ten-year-relief-bar burden and standard applies this additional rule: The record must establish the statutory oral advisal rather than merely written notice. ten-year-relief-bar burden and standard should cite the controlling circuit. ten-year-relief-bar burden and standard should also preserve any agency objection.
ten-year-relief-bar burden and standard should rest on primary records. ten-year-relief-bar burden and standard uses the charging document. ten-year-relief-bar burden and standard uses every later hearing notice. ten-year-relief-bar burden and standard uses address-change and return-mail evidence. ten-year-relief-bar burden and standard applies this practice rule: Rescission, reopening, and later relief eligibility should be analyzed separately. ten-year-relief-bar burden and standard requests findings on disputed facts. ten-year-relief-bar burden and standard preserves those findings for later review.
Timeliness
ten-year-relief-bar timeliness begins with the operative notice. ten-year-relief-bar timeliness applies this rule: The listed relief includes cancellation, voluntary departure, adjustment, change of nonimmigrant classification, and registry. ten-year-relief-bar timeliness identifies the service method. ten-year-relief-bar timeliness fixes the hearing date. ten-year-relief-bar timeliness records the address used. ten-year-relief-bar timeliness compares the NTA and hearing notice. ten-year-relief-bar timeliness then states the precise ruling requested.
ten-year-relief-bar timeliness separates neighboring doctrines carefully. ten-year-relief-bar timeliness distinguishes statutory notice from jurisdiction. ten-year-relief-bar timeliness distinguishes claim processing from stop time. ten-year-relief-bar timeliness distinguishes rescission from termination. ten-year-relief-bar timeliness applies this additional rule: The ten-year period runs from entry of the final in absentia order. ten-year-relief-bar timeliness should cite the controlling circuit. ten-year-relief-bar timeliness should also preserve any agency objection.
ten-year-relief-bar timeliness should rest on primary records. ten-year-relief-bar timeliness uses the charging document. ten-year-relief-bar timeliness uses every later hearing notice. ten-year-relief-bar timeliness uses address-change and return-mail evidence. ten-year-relief-bar timeliness applies this practice rule: INA §240(b)(7) creates a ten-year bar to specified discretionary relief when an in absentia order is entered after the required oral warning in a language understood. ten-year-relief-bar timeliness requests findings on disputed facts. ten-year-relief-bar timeliness preserves those findings for later review.
Government Position
ten-year-relief-bar government position begins with the operative notice. ten-year-relief-bar government position applies this rule: The record must establish the statutory oral advisal rather than merely written notice. ten-year-relief-bar government position identifies the service method. ten-year-relief-bar government position fixes the hearing date. ten-year-relief-bar government position records the address used. ten-year-relief-bar government position compares the NTA and hearing notice. ten-year-relief-bar government position then states the precise ruling requested.
ten-year-relief-bar government position separates neighboring doctrines carefully. ten-year-relief-bar government position distinguishes statutory notice from jurisdiction. ten-year-relief-bar government position distinguishes claim processing from stop time. ten-year-relief-bar government position distinguishes rescission from termination. ten-year-relief-bar government position applies this additional rule: Rescission, reopening, and later relief eligibility should be analyzed separately. ten-year-relief-bar government position should cite the controlling circuit. ten-year-relief-bar government position should also preserve any agency objection.
ten-year-relief-bar government position should rest on primary records. ten-year-relief-bar government position uses the charging document. ten-year-relief-bar government position uses every later hearing notice. ten-year-relief-bar government position uses address-change and return-mail evidence. ten-year-relief-bar government position applies this practice rule: The listed relief includes cancellation, voluntary departure, adjustment, change of nonimmigrant classification, and registry. ten-year-relief-bar government position requests findings on disputed facts. ten-year-relief-bar government position preserves those findings for later review.
Respondent Position
ten-year-relief-bar respondent position begins with the operative notice. ten-year-relief-bar respondent position applies this rule: The ten-year period runs from entry of the final in absentia order. ten-year-relief-bar respondent position identifies the service method. ten-year-relief-bar respondent position fixes the hearing date. ten-year-relief-bar respondent position records the address used. ten-year-relief-bar respondent position compares the NTA and hearing notice. ten-year-relief-bar respondent position then states the precise ruling requested.
ten-year-relief-bar respondent position separates neighboring doctrines carefully. ten-year-relief-bar respondent position distinguishes statutory notice from jurisdiction. ten-year-relief-bar respondent position distinguishes claim processing from stop time. ten-year-relief-bar respondent position distinguishes rescission from termination. ten-year-relief-bar respondent position applies this additional rule: INA §240(b)(7) creates a ten-year bar to specified discretionary relief when an in absentia order is entered after the required oral warning in a language understood. ten-year-relief-bar respondent position should cite the controlling circuit. ten-year-relief-bar respondent position should also preserve any agency objection.
ten-year-relief-bar respondent position should rest on primary records. ten-year-relief-bar respondent position uses the charging document. ten-year-relief-bar respondent position uses every later hearing notice. ten-year-relief-bar respondent position uses address-change and return-mail evidence. ten-year-relief-bar respondent position applies this practice rule: The record must establish the statutory oral advisal rather than merely written notice. ten-year-relief-bar respondent position requests findings on disputed facts. ten-year-relief-bar respondent position preserves those findings for later review.
Hearing Strategy
ten-year-relief-bar hearing strategy begins with the operative notice. ten-year-relief-bar hearing strategy applies this rule: Rescission, reopening, and later relief eligibility should be analyzed separately. ten-year-relief-bar hearing strategy identifies the service method. ten-year-relief-bar hearing strategy fixes the hearing date. ten-year-relief-bar hearing strategy records the address used. ten-year-relief-bar hearing strategy compares the NTA and hearing notice. ten-year-relief-bar hearing strategy then states the precise ruling requested.
ten-year-relief-bar hearing strategy separates neighboring doctrines carefully. ten-year-relief-bar hearing strategy distinguishes statutory notice from jurisdiction. ten-year-relief-bar hearing strategy distinguishes claim processing from stop time. ten-year-relief-bar hearing strategy distinguishes rescission from termination. ten-year-relief-bar hearing strategy applies this additional rule: The listed relief includes cancellation, voluntary departure, adjustment, change of nonimmigrant classification, and registry. ten-year-relief-bar hearing strategy should cite the controlling circuit. ten-year-relief-bar hearing strategy should also preserve any agency objection.
ten-year-relief-bar hearing strategy should rest on primary records. ten-year-relief-bar hearing strategy uses the charging document. ten-year-relief-bar hearing strategy uses every later hearing notice. ten-year-relief-bar hearing strategy uses address-change and return-mail evidence. ten-year-relief-bar hearing strategy applies this practice rule: The ten-year period runs from entry of the final in absentia order. ten-year-relief-bar hearing strategy requests findings on disputed facts. ten-year-relief-bar hearing strategy preserves those findings for later review.
Motion Practice
ten-year-relief-bar motion practice begins with the operative notice. ten-year-relief-bar motion practice applies this rule: INA §240(b)(7) creates a ten-year bar to specified discretionary relief when an in absentia order is entered after the required oral warning in a language understood. ten-year-relief-bar motion practice identifies the service method. ten-year-relief-bar motion practice fixes the hearing date. ten-year-relief-bar motion practice records the address used. ten-year-relief-bar motion practice compares the NTA and hearing notice. ten-year-relief-bar motion practice then states the precise ruling requested.
ten-year-relief-bar motion practice separates neighboring doctrines carefully. ten-year-relief-bar motion practice distinguishes statutory notice from jurisdiction. ten-year-relief-bar motion practice distinguishes claim processing from stop time. ten-year-relief-bar motion practice distinguishes rescission from termination. ten-year-relief-bar motion practice applies this additional rule: The record must establish the statutory oral advisal rather than merely written notice. ten-year-relief-bar motion practice should cite the controlling circuit. ten-year-relief-bar motion practice should also preserve any agency objection.
ten-year-relief-bar motion practice should rest on primary records. ten-year-relief-bar motion practice uses the charging document. ten-year-relief-bar motion practice uses every later hearing notice. ten-year-relief-bar motion practice uses address-change and return-mail evidence. ten-year-relief-bar motion practice applies this practice rule: Rescission, reopening, and later relief eligibility should be analyzed separately. ten-year-relief-bar motion practice requests findings on disputed facts. ten-year-relief-bar motion practice preserves those findings for later review.
Related NTA Issues
ten-year-relief-bar related nta issues begins with the operative notice. ten-year-relief-bar related nta issues applies this rule: The listed relief includes cancellation, voluntary departure, adjustment, change of nonimmigrant classification, and registry. ten-year-relief-bar related nta issues identifies the service method. ten-year-relief-bar related nta issues fixes the hearing date. ten-year-relief-bar related nta issues records the address used. ten-year-relief-bar related nta issues compares the NTA and hearing notice. ten-year-relief-bar related nta issues then states the precise ruling requested.
ten-year-relief-bar related nta issues separates neighboring doctrines carefully. ten-year-relief-bar related nta issues distinguishes statutory notice from jurisdiction. ten-year-relief-bar related nta issues distinguishes claim processing from stop time. ten-year-relief-bar related nta issues distinguishes rescission from termination. ten-year-relief-bar related nta issues applies this additional rule: The ten-year period runs from entry of the final in absentia order. ten-year-relief-bar related nta issues should cite the controlling circuit. ten-year-relief-bar related nta issues should also preserve any agency objection.
ten-year-relief-bar related nta issues should rest on primary records. ten-year-relief-bar related nta issues uses the charging document. ten-year-relief-bar related nta issues uses every later hearing notice. ten-year-relief-bar related nta issues uses address-change and return-mail evidence. ten-year-relief-bar related nta issues applies this practice rule: INA §240(b)(7) creates a ten-year bar to specified discretionary relief when an in absentia order is entered after the required oral warning in a language understood. ten-year-relief-bar related nta issues requests findings on disputed facts. ten-year-relief-bar related nta issues preserves those findings for later review.
In Absentia Consequences
ten-year-relief-bar in absentia consequences begins with the operative notice. ten-year-relief-bar in absentia consequences applies this rule: The record must establish the statutory oral advisal rather than merely written notice. ten-year-relief-bar in absentia consequences identifies the service method. ten-year-relief-bar in absentia consequences fixes the hearing date. ten-year-relief-bar in absentia consequences records the address used. ten-year-relief-bar in absentia consequences compares the NTA and hearing notice. ten-year-relief-bar in absentia consequences then states the precise ruling requested.
ten-year-relief-bar in absentia consequences separates neighboring doctrines carefully. ten-year-relief-bar in absentia consequences distinguishes statutory notice from jurisdiction. ten-year-relief-bar in absentia consequences distinguishes claim processing from stop time. ten-year-relief-bar in absentia consequences distinguishes rescission from termination. ten-year-relief-bar in absentia consequences applies this additional rule: Rescission, reopening, and later relief eligibility should be analyzed separately. ten-year-relief-bar in absentia consequences should cite the controlling circuit. ten-year-relief-bar in absentia consequences should also preserve any agency objection.
ten-year-relief-bar in absentia consequences should rest on primary records. ten-year-relief-bar in absentia consequences uses the charging document. ten-year-relief-bar in absentia consequences uses every later hearing notice. ten-year-relief-bar in absentia consequences uses address-change and return-mail evidence. ten-year-relief-bar in absentia consequences applies this practice rule: The listed relief includes cancellation, voluntary departure, adjustment, change of nonimmigrant classification, and registry. ten-year-relief-bar in absentia consequences requests findings on disputed facts. ten-year-relief-bar in absentia consequences preserves those findings for later review.
Appellate Preservation
ten-year-relief-bar appellate preservation begins with the operative notice. ten-year-relief-bar appellate preservation applies this rule: The ten-year period runs from entry of the final in absentia order. ten-year-relief-bar appellate preservation identifies the service method. ten-year-relief-bar appellate preservation fixes the hearing date. ten-year-relief-bar appellate preservation records the address used. ten-year-relief-bar appellate preservation compares the NTA and hearing notice. ten-year-relief-bar appellate preservation then states the precise ruling requested.
ten-year-relief-bar appellate preservation separates neighboring doctrines carefully. ten-year-relief-bar appellate preservation distinguishes statutory notice from jurisdiction. ten-year-relief-bar appellate preservation distinguishes claim processing from stop time. ten-year-relief-bar appellate preservation distinguishes rescission from termination. ten-year-relief-bar appellate preservation applies this additional rule: INA §240(b)(7) creates a ten-year bar to specified discretionary relief when an in absentia order is entered after the required oral warning in a language understood. ten-year-relief-bar appellate preservation should cite the controlling circuit. ten-year-relief-bar appellate preservation should also preserve any agency objection.
ten-year-relief-bar appellate preservation should rest on primary records. ten-year-relief-bar appellate preservation uses the charging document. ten-year-relief-bar appellate preservation uses every later hearing notice. ten-year-relief-bar appellate preservation uses address-change and return-mail evidence. ten-year-relief-bar appellate preservation applies this practice rule: The record must establish the statutory oral advisal rather than merely written notice. ten-year-relief-bar appellate preservation requests findings on disputed facts. ten-year-relief-bar appellate preservation preserves those findings for later review.
Practitioner Checklist
ten-year-relief-bar practitioner checklist begins with the operative notice. ten-year-relief-bar practitioner checklist applies this rule: Rescission, reopening, and later relief eligibility should be analyzed separately. ten-year-relief-bar practitioner checklist identifies the service method. ten-year-relief-bar practitioner checklist fixes the hearing date. ten-year-relief-bar practitioner checklist records the address used. ten-year-relief-bar practitioner checklist compares the NTA and hearing notice. ten-year-relief-bar practitioner checklist then states the precise ruling requested.
ten-year-relief-bar practitioner checklist separates neighboring doctrines carefully. ten-year-relief-bar practitioner checklist distinguishes statutory notice from jurisdiction. ten-year-relief-bar practitioner checklist distinguishes claim processing from stop time. ten-year-relief-bar practitioner checklist distinguishes rescission from termination. ten-year-relief-bar practitioner checklist applies this additional rule: The listed relief includes cancellation, voluntary departure, adjustment, change of nonimmigrant classification, and registry. ten-year-relief-bar practitioner checklist should cite the controlling circuit. ten-year-relief-bar practitioner checklist should also preserve any agency objection.
ten-year-relief-bar practitioner checklist should rest on primary records. ten-year-relief-bar practitioner checklist uses the charging document. ten-year-relief-bar practitioner checklist uses every later hearing notice. ten-year-relief-bar practitioner checklist uses address-change and return-mail evidence. ten-year-relief-bar practitioner checklist applies this practice rule: The ten-year period runs from entry of the final in absentia order. ten-year-relief-bar practitioner checklist requests findings on disputed facts. ten-year-relief-bar 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.
- 8 U.S.C. §1229 — Initiation of Removal Proceedings Current INA §239 notice statute.
- 8 C.F.R. §1003.26 — In Absentia Hearings Current in absentia hearing regulation.
- EOIR Policy Manual 3.7 — Attendance Current EOIR guidance concerning attendance and in absentia consequences.
- Campos-Chaves v. Garland, 602 U.S. 447 (2024) Supreme Court precedent on §239(a)(2) notice and in absentia rescission.
- Matter of Lopez-Orellana, 29 I&N Dec. 533 (BIA 2026) Current BIA precedent on forfeiture and proceeding in absentia after adequate hearing notice.
Frequently Asked Questions
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