Primary defense strategy: Move to reopen (and rescind) an in‑absentia removal order—then seek a stay of removal
For lawful permanent residents (LPRs) and veterans caught in fast-moving enforcement, the most important legal “off-ramp” is often a motion to reopen—especially a motion to rescind an in‑absentia removal order based on defective notice. That strategy is central to the public debate around Godfrey Oliver Wade, a Georgia Army veteran originally from Jamaica, whose case illustrates how an old order can turn a routine stop into ICE detention and removal.
This article explains the legal mechanics, what must be proven, what evidence typically matters, and what tends to help or hurt. It is not legal advice. If a person has a prior order and ICE contact, attorney representation is critical.
1) Case overview and key facts
Godfrey Oliver Wade is described as Jamaican-born, a long-time U.S. lawful permanent resident, and a U.S. Army veteran who was honorably discharged. Public reporting describes him as having lived in the United States for decades and built family ties in Georgia.
The enforcement sequence described in this matter is the pattern immigration lawyers see often:
- September 13, 2025: A traffic stop in Conyers, Georgia, reportedly for failing to signal, followed by an arrest related to not having a physical driver’s license on his person.
- September 18, 2025: ICE took him into custody based on a 2014 removal order.
- December 9, 2025: DHS issued a public statement defending the enforcement action.
- February 5, 2026: Wade was deported to Jamaica, despite reported ongoing legal efforts.
- February 11, 2026: The case remains a prominent example in broader due-process discussions.
A key takeaway for LPRs and veterans is that time in the United States and military service can coexist with removability under immigration law. Immigration consequences can flow from arrests, convictions, or missed hearings, even when state criminal penalties were minor or resolved.
Just as important, removal is a civil process. It is separate from criminal punishment. Someone can complete a state sentence (or have charges reduced or dismissed) and still face immigration enforcement based on different rules and burdens.
2) Official statements and how to read them against the legal record
DHS has publicly framed Wade’s removal as a public-safety action. In a December 9, 2025 statement attributed to DHS Assistant Secretary Tricia McLaughlin, DHS described Wade as a “criminal illegal alien,” listed arrests and offenses, and emphasized that an immigration judge ordered removal in 2014 after a failure to appear. DHS also stated that an honorable discharge does not prevent enforcement.
Readers should separate public framing from what typically controls legally. In most removal cases, the decisive questions are more procedural than rhetorical:
- Is there a final order of removal?
- Was proper notice provided for any hearing that resulted in an in‑absentia order?
- What is the custody authority and timeline (pre‑order vs post‑order)?
- Were motions to reopen, stays, or appeals filed correctly and on time?
Veteran status can be a major equitable factor. But it is not an automatic legal shield. It may support discretion, bond arguments, or humanitarian requests. Still, it does not, by itself, erase statutory grounds of removability or reinstate an appeal deadline.
As a practical matter, families and counsel should verify public claims by matching them to documents: the order date, hearing history, service/notice records, and custody milestones such as September 18, 2025 (ICE arrest), and the February 5, 2026 removal date.
3) How a minor police encounter can trigger ICE action when there is an old order
A. The traffic-stop-to-ICE pathway
Even when the initiating event is minor, the pipeline can move quickly:
- Local police stop or arrest.
- Booking triggers identity checks and database queries.
- Immigration status indicators can appear through fingerprint sharing and records checks.
- ICE may issue a detainer request or coordinate a transfer.
- If a prior removal order exists, ICE may treat the case as execution of an order, not a new court case.
B. Why an old removal order changes everything
A prior order—like the reported 2014 order here—can place someone into post-order detention and removal processing. Under INA § 241, ICE generally has authority to detain and remove after a final order during the “removal period.” It also affects what courts and agencies can do on an emergency basis.
C. In‑absentia removal: what “failure to appear” really turns on
An immigration judge may order removal “in absentia” when the person does not appear and the government proves proper written notice. The main rescission provisions are:
- Lack of notice: INA § 240(b)(5)(C)(ii).
- Exceptional circumstances (a separate, time-limited theory): INA § 240(b)(5)(C)(i).
Regulations implement these rules. For example, motions to rescind in‑absentia orders in Immigration Court are governed in part by 8 C.F.R. § 1003.23(b)(4)(ii).
In cases like the one described, the dispute often centers on whether the hearing notice went to the correct address and whether it was actually deliverable. Reporting here describes notices being sent to an address used by ICE and returned as undeliverable. Those facts, if documented, can be central to a motion to rescind.
D. Core post-order remedies (high level)
Common tools include:
- Motion to reopen / motion to rescind the in‑absentia order (Immigration Court or BIA posture depends on where the last decision was entered).
- Request for a stay of removal while a motion is pending. This can be sought through the immigration courts/BIA or through ICE in certain post-order contexts.
- Prosecutorial discretion requests, including joint motions to reopen in appropriate cases.
Warning: Once ICE is executing a prior order, timelines compress. Families should assume removal can occur quickly unless a stay is granted in writing.
4) Policy context: why enforcement priorities can change fast, even for veterans and LPRs
Public reporting describes an April 2025 DHS memorandum rescinding a 2022-era directive that treated military service as a “significant mitigating factor” in enforcement decisions. The practical consequence is that military service may carry less weight in day-to-day custody and removal decisions, depending on the administration and local office practice.
Priority memoranda influence how agencies allocate resources. They do not necessarily remove enforcement authority, especially where a final order already exists. In those cases, ICE often argues it is carrying out an adjudicated order rather than making a fresh charging decision.
Reporting also references expanded use of “expedited removal” and a general emphasis on prior criminal contact. Expedited removal has specific statutory and regulatory limits. But the broader point remains: policy shifts can increase scrutiny of older records and trigger renewed action.
Congressional offices can help constituents by making inquiries, requesting status checks, and urging review. They cannot adjudicate cases. They also cannot force a court to reopen a case. Still, congressional attention can sometimes accelerate document review or elevate humanitarian concerns.
Deadline alert: For in‑absentia rescission based on “exceptional circumstances,” the statute generally imposes a 180-day filing deadline. See INA § 240(b)(5)(C)(i). Lack-of-notice rescission is treated differently, but it still requires proof and careful filing.
5) Impact on the individual and family: what to document when detention or removal happens
Wade is reported to be separated from a fiancée, six children, and three grandchildren in Georgia. Sudden detention and removal often destabilize employment, housing, caregiving, and medical care. Families should think in terms of both legal proof and day-to-day survival needs.
Reporting also describes allegations of conditions at Stewart Detention Center, including overcrowding and poor sanitation. When detention conditions are relevant to custody requests, humanitarian parole requests, or civil rights complaints, documentation usually matters more than narratives alone. Useful records often include:
- Detainee grievance forms and responses.
- Medical records, sick-call requests, and medication logs.
- Photos where permitted, or detailed contemporaneous notes.
- Attorney declarations and witness statements.
- Logs of calls, visits, and commissary transactions.
Practical steps families often need to manage quickly include retrieving a vehicle, securing personal property, accessing funds, and arranging durable power of attorney for bills, leases, and child care. These steps are not a substitute for legal action, but they reduce chaos while litigation proceeds.
Warning: Do not rely on verbal assurances that removal is “on hold.” A stay should be confirmed in writing and shared with counsel immediately.
6) Where to verify: official sources and a basic cross-check workflow
When a case becomes public, statements can circulate faster than documents. A good verification workflow relies on primary sources and preserves snapshots.
- DHS Newsroom is a central repository for departmental press materials.
- ICE Newsroom posts ICE enforcement press releases and statements.
- The administration’s public-facing portal referenced in reporting is WOW.DHS.GOV.
- USCIS Newsroom is best for benefits and policy updates, not ICE custody actions: USCIS Newsroom
A practical cross-check looks like this:
- Match spelling of names and aliases across documents.
- Confirm the order year (2014) and the pathway (in‑absentia vs merits decision).
- Confirm custody milestones like September 18, 2025 (ICE arrest) and February 5, 2026 (removal).
- Save PDFs or screenshots with timestamps.
- Treat reposted summaries as secondary until confirmed.
Evidence checklist for a strong motion to rescind/reopen (and stay)
A motion based on lack of notice typically rises or falls on proof. Evidence often includes:
- EOIR hearing notices, envelopes, and “returned mail” markings.
- Address history: leases, utility bills, DMV records, tax filings, and affidavits.
- Proof of timely address updates filed with EOIR/ICE (if applicable).
- Court docket printouts and transcripts, if obtainable.
- Proof of equities for discretion: honorable discharge records (DD‑214), long residence, rehabilitation, family hardship, medical issues.
Factors that may strengthen a case include: clear returned-mail evidence, consistent address records, prompt action after learning of the order, and compelling equities like military service and caregiving responsibilities.
Factors that may weaken a case include: evidence the person received notice and did not appear, inconsistent addresses, significant disqualifying convictions, or multiple prior failures to comply with court or supervision requirements.
Bars and disqualifiers to keep in mind
Even if a case is reopened, relief is not automatic. Some convictions can bar relief such as cancellation of removal (INA § 240A) or affect custody. Other issues may include reinstatement or additional grounds of removability depending on the record.
Also, reopening is procedural. It restores a chance to litigate. It does not guarantee the government will drop the case, and it does not guarantee an immigration judge will grant relief.
Realistic expectations
If a person is detained on an old order, the immediate goals are often modest but meaningful: obtain records, file a legally sound motion, and secure a stay. Outcomes vary by circuit law, local ICE practice, and the underlying criminal and immigration record.
Because the stakes are high and deadlines can be unforgiving, representation is not optional in most detained, post-order cases. Seek counsel with EOIR motion practice and detention experience.
Resources
- AILA Lawyer Referral: AILA Lawyer Referral
- Immigration Advocates Network: Immigration Advocates Network (nonprofit legal directory)
- EOIR (Immigration Court information): EOIR
⚖️ Legal Disclaimer: This article provides general information about immigration law and is not legal advice. Immigration cases are highly fact-specific, and laws vary by jurisdiction. Consult a qualified immigration attorney for advice about your specific situation.
