BIA Holds That IJ Erred in Finding Exceptional Circumstances Warranting Sua Sponte Reopening and Rescission of In Absentia Removal Order
In Matter of K–K–U–J–, decided on August 27, 2026, the BIA held that the IJ erred in finding exceptional circumstances warranting sua sponte reopening and rescission of an in absentia removal order where the record did not support the respondent’s claim that an individual misled him into believing he did not need to appear in immigration court. The BIA sustained DHS’s appeal, reversed the IJ’s decision, and denied the motion to reopen.