What happens when you are not there
When a respondent misses a scheduled hearing and the government shows that proper notice was given, the immigration judge usually orders removal in absentia. That order is final unless it is reopened. It can also block certain kinds of relief for a long period. You can check the status of your case through the immigration court's automated case information system, by phone or online, using your alien registration number. Whether an order was entered, and on what date, is the first fact to establish.
Reopening an in absentia order
There are a few grounds for reopening, and two come up most often. One is that the person did not receive proper notice of the hearing, which can usually be raised at any time. The other is that exceptional circumstances outside the person's control, such as a serious illness, caused the absence, and that motion has a short deadline. Filing a motion to reopen on these grounds generally pauses removal while the judge decides it, which is not true of most other motions. Gather the hearing notice, proof of your address history, any change-of-address forms you filed with the court, and records of what kept you away.
Acting before an encounter with ICE
A person with an in absentia order may be detained if they come into contact with ICE, including at a routine check-in. That makes timing important, because a motion filed before an arrest is usually easier to manage than one filed from detention. After a missed immigration court hearing, we confirm whether an order exists, what notice was sent and where, and which ground for reopening fits. We also look at the relief you would pursue once the case is reopened, since the motion is usually stronger when it shows what you would present. You should come away with a filing plan and a sense of which papers to keep with you meanwhile.
