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What happens if you miss your immigration court hearing?

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The office’s answer

If you missed your immigration court hearing, the judge likely ordered you removed in absentia. You can ask the court to reopen your case by filing a motion to reopen with the immigration court that issued the order. Deadlines are short and depend on why you missed the hearing.

Reviewed by Andres Vega

What is an in-absentia removal order?

An in-absentia order is a removal order the immigration judge enters when a respondent does not appear for a scheduled hearing. Under INA § 240(b)(5), the judge may enter one if the government shows you had proper notice and are removable.

How do you reopen the case?

You file a motion to reopen with the same immigration court that issued the order. EOIR’s Policy Manual lists three grounds: that you missed the hearing because of exceptional circumstances, that you did not receive proper notice, or that you were in federal or state custody and missed the hearing through no fault of your own.

What are the deadlines?

The deadline depends on the ground. A motion based on exceptional circumstances must be filed within 180 days of the in-absentia order. A motion based on lack of proper notice, or on being in custody through no fault of your own, may be filed at any time. You get one motion to reopen to rescind an in-absentia order, so it has to be right the first time.

Are you removed while the motion is pending?

No. Under INA § 240(b)(5)(C) and 8 C.F.R. § 1003.23(b)(4)(ii), removal is automatically stayed while the immigration judge decides a motion to reopen an in-absentia order in removal proceedings. Note that this is the only route: the Board of Immigration Appeals has no jurisdiction over a direct appeal of an in-absentia order in removal proceedings.

Frequently asked questions

How do I find out whether a judge ordered me removed?
Call the EOIR automated case information line at 1-800-898-7180 with your A-number, or check the EOIR case status portal. Both report whether a decision was entered and on what date.

Sources

  1. EOIR Policy Manual 4.9: Motions to Reopen In Absentia Orders
  2. EOIR: Check case status
  3. INA § 240(b)(5): in absentia orders

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