When DHS files Form I-213 evidence of alienage before a hearing both parties miss, the Board of Immigration Appeals has now confirmed: terminating proceedings is error. Immigration Judges must instead proceed with an in absentia hearing.
In Matter of Mercado-Martinez, 29 I&N Dec. 529 (BIA 2026), the Board of Immigration Appeals clarified the evidentiary standard an Immigration Judge must apply before finding a Form I-213 unreliable in removal proceedings — with significant consequences for alienage determinations and deportation defense strategies.
In Matter of Laurent Castro (BIA 2026), the Board held that Immigration Judges must enter in absentia removal orders when proper notice is given and removability is established. Full analysis of the new precedent, implications for respondents and practitioners, and compliance guidance.
