In a split decision yesterday, the Ninth Circuit ruled that, where someone in removal proceedings misses court due to being stuck in traffic, and is subsequently ordered removed in absentia, the situation can warrant reopening of the removal proceeding and require the Immigration Judge to rescind the removal order. The ruling deviates from prior precedent.
Having experienced San Francisco Bay Area traffic for nearly 20 years, I thought this was a San Francisco case, but it comes from Seattle, Washington.
I would not bank on this argument working all the time though, as the decision is fact-specific. A few of the relevant facts - the respondents left with ample time to arrive in court, they took photos of the two traffic accidents that caused their delay, and two of the minor child respondents appeared eligible for derivative U.S. citizenship. (I personally think the last factor might have driven the result, but that's just me.) The extensive dissenting opinion said the respondents "left little margin for error" in planning their drive to court. You can read the full decision here: Montejo Gonzalez et al. v. Garland, No. 21-304 (9th Cir. Oct. 17, 2024). #immigrationcourt #removalproceedings
