Missed your immigration court hearing? Start here

What has probably already happened

When a respondent does not appear for a scheduled hearing in removal proceedings, the immigration judge may order removal in absentia. There is no direct appeal of that order to the Board of Immigration Appeals. EOIR’s Policy Manual is explicit that an in-absentia order in removal proceedings can be rescinded only by granting a motion to reopen.

What to do in the first week

Confirm what the court actually did before doing anything else. EOIR’s automated case information hotline, 1-800-898-7180, reports whether a decision was entered and on what date, using the A-number. That date is what the 180-day deadline runs from, so it matters more than anyone’s recollection of the hearing.

File Form EOIR-33/IC to update the address on file with the court at the same time. A court that cannot reach someone cannot notify them of the next step.

Which ground applies

A motion to reopen to rescind an in-absentia order has to show one of three things: that the failure to appear was because of exceptional circumstances, that proper notice of the hearing was never received, or that the person was in federal or state custody and missed the hearing through no fault of their own.

“Exceptional circumstances” is a narrower category than it sounds. INA § 240(e)(1) describes circumstances beyond the person’s control (battery or extreme cruelty, serious illness of the person, serious illness or death of a spouse, child, or parent) and expressly excludes less compelling circumstances.

The deadlines are not the same for each 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 custody through no fault of the person, may be filed at any time. Knowing which ground the facts support is therefore the first question, not a drafting detail.