The Board of Immigration Appeals - BIA, has held that an alien’s departure from the United States while under an outstanding order of deportation or removal issued in absentia does not deprive the Immigration Judge of jurisdiction to entertain a motion to reopen to rescind the order if the motion is premised upon lack ofnotice.
See: Matter of Olivia BULNES-Nolasco, RespondentFile A074 374 363 - Hartford, ConnecticutDecided July 23, 2009, http://www.usdoj.gov/eoir/vll/intdec/vol25/3651.pdf
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