Here is what you need to know if you miss your immigration court hearing:
- Missing or arriving late to a master calendar or individual calendar hearing may result in being ordered deported “in absentia.”
- There are no appeals to an order of removal in absentia, however, individuals can file a Motion to Reopen within 180 days under certain circumstances.
- A Motion to Reopen must be filed in the same court where the decision was given.
- Immigrants can find their court hearing date by calling EOIR’s automated case information system at 800-898-7180 or visiting the portal online.
As reports of mass deportations circulate online, the lack of transparency about who is being targeted has created confusion among immigrants with court hearings. Some have told Documented they heard ICE is detaining people upon arrival at court, raising concerns that attending their hearing could increase their risk of deportation.
Also Read: Initial Immigration Court Appearance: How to Prepare
However, missing a court hearing can have serious consequences for immigrants with pending cases. Not showing up to a immigration court appearance may be seen as a lack of cooperation and could result in an in absentia removal order, which leads to deportation.
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What does it mean to be ordered removed in absentia?
Missing or arriving late to a master calendar or individual calendar hearing may result in being ordered removed in absentia. This means the judge will decree that you be deported without having the benefit of a court hearing.
“The judge considers that you have abandoned your case and that you do not wish to present any defenses or fight to stay in the United States,” Jodi Ziesemer, director of the Immigrant Protection Unit at NYLAG, said. “It will narrow the options that you have for protecting yourself to stay in the United States.”
Can I appeal a removal order issued in absentia?
There is no appeal to a removal order issued in absentia. However, Ziesemer explained that there is a limited window of time to file a motion to reopen under exceptional circumstances. “You have a 180 day window or six months to file [a motion to reopen] and argue why you should have your case reconsidered and put back on the active court docket.”
However, Ziesemer warned that after missing a hearing, ICE can arrest and deport the individual at any time. “There is no protection if you miss a hearing unless you submit a written explanation, and a judge determines you qualify for relief.”
What is a Motion to Reopen?
When an immigration judge issues an in absentia order, a Motion to Reopen allows the individual to present new evidence or facts to reopen the case and potentially overturn the deportation order. Evidence may include proof that the individual did not receive notice of the hearing or that exceptional circumstances — such as if you were a victim of battery or extreme violence, illness, or the death of a family member — prevented them from appearing in court.
The Motion to Reopen is a written document that is printed out, delivered and filed with the same court that issued the in absentia order. An individual cannot be deported once the Motion to Reopen is filed and is pending a decision by the judge. You can obtain the court’s address by calling the EOIR’s automated case information system at 800-898-7180.
The Department of Justice has a self-help guide detailing the process step by step on how and where to file a “Motion to Reopen An In Absentia Order.” The document details what information should be included, such as name, address, evidence for missing the court hearing, and more.
CUNY Citizenship Now! offers free, confidential legal assistance for filing a Motion to Reopen.
How do I check my immigration court hearing date?
An individual can find the court hearing date and place by entering their A-Number in the EOIR Automated Case Information Portal or calling 1-800-898-7180.
Ziesemer said that if the portal does not return any information, there could be several reasons why the A-Number is not in the system. For example, the case may not have been logged with the court, or the individual may not be known to immigration officials. She recommends that individuals consult an immigration attorney to explore their options.
Also Read: Pro-Bono Lawyers And Free Legal Services in New York Immigration Courts
