The Board of Immigration Appeals decided Matter of DIJI on September 3, 2026, fundamentally shifting the rules governing how the Department of Homeland Security can serve removal notices by regular mail in in absentia proceedings. The decision overrules Matter of G-Y-R-, 23 I&N Dec. 181 (BIA 2001), which had protected respondents for nearly 25 years. If you represent respondents in removal proceedings, this precedent significantly constrains your motion-to-reopen strategy and sharpens the need for proactive address management.
What changed
The BIA held that when mailing a notice to appear by regular mail, DHS can rely on the most recent address the respondent has provided, and that written notice of in absentia removal proceedings is sufficient if mailed to that address — including an address the respondent provided before the issuance of the notice to appear.
This directly overrules the prior standard under Matter of G-Y-R-, which required DHS to prove that notice was actually received or that the respondent had current knowledge of the hearing, not merely that mail was sent to an outdated address on file.
Why it matters
Under the old rule, a respondent could defeat an in absentia removal order by arguing they never actually received the hearing notice mailed to a stale address. Now, the burden shifts. DHS need only show it sent notice to the most recent address in the government’s records.
For practitioners, this change affects three critical areas:
-
Motion to reopen within 180 days: Your client must now prove not merely non-receipt, but that their failure to appear was due to “exceptional circumstances” — a much narrower ground under the INA. The “I never got the notice” defense is largely foreclosed if DHS can document the address was current when filed.
-
Address record-keeping: Any address your client ever provided to USCIS, DHS, or immigration court becomes ammunition for an in absentia order. A respondent who updated their address with USCIS for I-485 purposes but failed to update it with the immigration court is vulnerable.
-
Timing and notice: Respondents lose the de facto protection of receiving actual notice. The government now has a simpler, faster pathway to removal in absentia, which increases the risk that clients miss hearings entirely.
Way forward
-
Implement mandatory address-update protocols with every client in removal proceedings. Have them update with DHS (via Form AR-11 or myUSCIS), the immigration court, and your office simultaneously. Keep copies of all updates.
-
Coach clients on mail management. Advise them to monitor delivery of government correspondence closely, consider USPS Informed Delivery enrollment, and maintain proof of residence/address changes.
-
Reframe motion-to-reopen strategy. You cannot rely on “never received notice” in most cases. Focus instead on exceptional circumstances (illness, immigration attorney error, reliance on a representative who failed, etc.) or pursue the alternative path: non-receipt of notice at any address or federal/state custody at the time of failure to appear.
-
Flag existing in absentia orders. Review the files of clients with in absentia removals decided under the old G-Y-R- standard. Some may have grounds to challenge under harmless-error or retroactivity principles, though DIJI itself applies prospectively to motions filed after its issuance.
-
Consult on Family reunification and visa petition timing. An in absentia removal order, even if later rescinded, can delay cancellation of removal or other relief. Early address updates and hearing attendance are now non-negotiable.
Disclaimer
This article is not legal advice and does not constitute a complete summary of Matter of DIJI or the law governing in absentia removal proceedings. Immigration law is complex, policy can change without notice, and the application of this precedent depends on the facts of each case. Consult a licensed immigration attorney to assess your specific situation and verify this information against the primary source and current law. You can read the full decision at https://justice.gov/eoir/media/1460146/dl?inline=.