What happens if a motion to reopen is filed in absentia cases?

• A. The case is automatically dismissed
• B. The alien gets an automatic stay until a decision is made
• C. The original order is vacated immediately
• D. The alien must wait for a new hearing

Answer: (B)

When a motion to reopen is filed in absentia cases, the alien is granted an automatic stay until a decision is made on the motion. This means that the enforcement of the original order (usually an order of removal in absentia) is paused, allowing the alien the opportunity to present their case again without the immediate consequence of being removed from the country.

This provision serves an essential function in the legal process, ensuring that individuals have the chance to have their circumstances re-evaluated, especially if they were not present during the original proceedings. The ability to seek a stay provides a crucial safeguard for individuals who may have been unable to attend their hearing for valid reasons, affording them legal protection while their motion is under consideration. This highlights the system's intention to ensure fairness and justice in the adjudication of immigration cases.

The other options do not accurately reflect the standard procedure that occurs following the filing of a motion to reopen in absentia cases.