Missing an immigration court hearing can have serious consequences. In certain circumstances, an immigration judge may proceed without the individual present and issue an in absentia removal order, requiring the person to be removed from the United States.
For someone who missed court because of an emergency, a notice problem, or another serious circumstance, receiving or discovering such an order can be alarming. But depending on the facts, there may be legal options worth exploring.
What Is an In Absentia Removal Order?
Even if you miss court, the proceedings can continue without you there to present your case. An in absentia removal order may be entered when a person fails to appear for a scheduled immigration hearing and the legal requirements for proceeding in their absence are satisfied.
Can an In Absentia Order Be Challenged?
In some situations, an individual may be able to seek to reopen the immigration proceedings, depending heavily on why the hearing was missed and the specific circumstances of the case.
For example, relevant issues may include whether the individual received legally sufficient notice of the hearing or whether exceptional circumstances prevented the person from appearing.
Because deadlines and procedural requirements can apply, someone who discovers an in absentia order should not assume that waiting will improve the situation.
What If You Never Received the Hearing Notice?
Notice can become a critical issue. Immigration cases often involve multiple addresses, government agencies, notices, and deadlines. If someone moved and didn’t properly update an address or believes a hearing notice was never received, the circumstances should be reviewed carefully.
Do not assume that saying, “I never received the notice,” automatically eliminates the removal order, though. An attorney can evaluate how notice was provided and whether there may be grounds to seek reopening.
Why Acting Quickly Matters
An outstanding removal order can have significant consequences for a person’s immigration future. The appropriate response will depend on the person’s history, reason for missing court, available documentation, and whether other forms of immigration relief might apply.
Immigration law is highly complex and dynamic, and Jensen Bagnato, P.C. provides representation in deportation defense as well as other complicated immigration matters.
If you missed an immigration court hearing or recently learned that an in absentia removal order was entered against you, consider speaking with our team as soon as possible. Understanding why the order was issued and whether there is a legal basis to challenge it can be an important first step.