Motion to Reopen an In Absentia Removal Order After a Missed Court Hearing

Missing an immigration court hearing can lead to an in absentia removal order. That order can create immediate detention, removal, and future immigration consequences, so the first step is to confirm the court record and hearing notice history.

Common reopening arguments include lack of proper notice, being in federal or state custody through no fault of the respondent, or exceptional circumstances such as serious illness or another qualifying emergency. Some arguments have strict deadlines, while lack-of-notice arguments may be handled differently.

Evidence may include the Notice to Appear, hearing notices, address-change filings, postal records, medical records, detention records, affidavits, EOIR case history, and proof of the relief the person would seek if the case is reopened.

New Horizons Legal helps respondents investigate missed hearings and prepare motion packets that directly address the reason the hearing was missed.