Missing a court date in immigration proceedings—called an in absentia order—typically leads to an automatic order of removal (deportation) issued by the immigration judge. But depending on the situation, you may have options to reopen your case.
🛠️ Options for Reopening a Missed Court Case
1. Motion to Reopen Due to Lack of Notice
You may request the court to reopen your case if:
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You never received the Notice to Appear (NTA).
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The notice was mailed to the wrong address.
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You can prove no proper service was made.
There is no deadline for this type of motion if lack of notice can be proven.
2. Motion to Reopen for Exceptional Circumstances
If you were unable to attend your hearing due to:
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Medical emergency
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Serious illness
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Death in the family
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Domestic violence or trauma
…you may file a motion to reopen within 180 days of the removal order.
3. Joint Motions or Prosecutorial Discretion
In some cases, your attorney may negotiate with DHS (the government) to jointly agree to reopen your case, particularly if:
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You now qualify for relief (asylum, green card, family sponsorship, etc.)
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You have new compelling evidence
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You demonstrate strong ties and good moral character
🕒 Filing Deadlines & Requirements
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Motions must typically be filed within 180 days of the order.
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Strong documentary evidence is required.
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You must show the court why you missed the hearing and why the case deserves reopening.
⚠️ Risks of Inaction
Failing to act quickly after a missed hearing can make you ineligible to reopen your case. It may also lead to immigration enforcement, including detention and removal.
📞 If you missed your immigration hearing, Borderless Lawyers can help you act fast. Let us file a compelling motion to reopen your case and protect your opportunity to remain in the US