If you missed a court date, you may be able to reopen your immigration case by hiring an attorney and filing a Motion to Reopen. The repercussions of missing a court date are often significant, which is why you need to act fast to resolve the issue and avoid removal and deportation.
For help reopening an immigration case after a missed immigration court date, call 312-853-3088 to consult the experienced Chicago immigration lawyers at Cho Immigration Law.
Understanding the Consequences of Missing an Immigration Court Date
When pursuing an immigration case, it’s important for you to attend every court date. Otherwise, an immigration judge could decide to end your claim. In addition to closing your case, he or she may also order your deportation through an “in absentia order of removal.” This order can lead to hardship, which is why it’s crucial to avoid it. However, you may be able to reverse the court’s decision if you take action to reopen your case.
According to a report from the Department of Justice (DOJ), courts issued 159,379 in absentia removal orders in 2023. Many of these immigrants were likely to face complications that could have changed their lives after a no-show in court.
The following are some of the consequences of missing an immigration court date:
Loss of Eligibility for Asylum and Other Forms of Relief
Following the removal order, you may be unable to qualify for relief like adjustment of status and asylum, even if you meet all other qualifications and face persecution or have experienced it in your country of origin in the past.
Struggles With Reentry
An in absentia removal order could temporarily or permanently bar your entry into the U.S. once removed. The degree of this bar will depend on your situation.
Issues With Legal Proceedings
If you’re already dealing with other legal proceedings, an in absentia order of removal could put those on pause until you’re able to reopen your case.
Each of these risks makes it necessary to file a Motion to Reopen for your case as soon as possible to mitigate them.
How to Reopen Your Immigration Case After a Missed Hearing
The following are steps to take to reopen your case if you miss a court date:
1. Confirm the Judge Ordered Your Removal
The first step is to call the Immigration Court Hotline at 1-800-898-7180 to find out whether the judge overseeing your case issued an in absentia order for removal and closed your case.
2. Consult an Immigration Lawyer
The next course of action to take is to reach out to an attorney for guidance and representation. Experienced immigration attorneys could assess your case and determine how to proceed with reopening it.
3. File a “Motion to Reopen an In Absentia Order”
After speaking with an attorney about your case, you may proceed with a Motion to Reopen an In Absentia Order if you have a valid reason. This motion is a document detailing the nature of your absence and reasons you were unable to appear at your scheduled hearing.
For example, you may have suffered from a sudden emergency, such as a familial matter, a serious illness, or another medical emergency, preventing you from attending. Some individuals may also simply never receive a hearing notice and remain unaware that they had a scheduled court date, such as when USCIS has the wrong address.
If you were aware of the court date and an emergency prevented you from showing up, you have 180 days from the missed court date to file your motion. If you were unaware of the date because of a missed notice, you do not have a deadline to file.
Challenges of Reopening an Immigration Case
When navigating your case after an in absentia order of removal, there are challenges you might face, such as:
Finding the Right Attorney
Immigration lawyer assistance can help with reopening a case, but you need the right attorney.
It’s important to know what to look for when hiring an immigration lawyer to handle these types of cases. When searching, compare and contrast lawyers to pinpoint the ideal representation. Look for client success stories and testimonials, and read about the kind of experience the firm has handling cases like yours. Ask questions like, “What types of immigration cases do lawyers handle?” and “How many years of experience does the attorney have?”
Good lawyers will be transparent about how they work and have a detailed website answering many questions you might have. Also, check online reviews to see what other people have said about the firm. Making the right selection could make the entire process of reopening your case easier and prevent further complications.
Determining Whether USCIS or Another Party Made a Mistake
In some cases, a judge, U.S. Citizenship and Immigration Services (USCIS), or another party may inadvertently order your removal because of a clerical error.
What if the USCIS makes a mistake? If an individual or entity involved in your case makes a mistake, this could be valid grounds to reopen your case.
Your attorney could work with you to identify an error and reverse it, such as sending a hearing notice to the wrong address, attempting to prevent you from undergoing removal and deportation.
Collecting Evidence
You must also be able to prove the reason you were unable to attend your hearing with sufficient evidence. There are multiple pieces of evidence you could use to strengthen your case, including:
- Medical records proving hospitalization or a serious illness
- Proof that you changed your address or otherwise didn’t receive your hearing notice
- Accident and travel reports proving other kinds of emergencies
- Photographs or video evidence to support claims of an emergency
- Witness statements confirming your status
An attorney could help by obtaining and organizing evidence to support your claim and accelerate your case’s reopening.
Filing on Time
You must file before the 180 days pass from the time of the missed hearing to ensure you don’t lose your chances of reopening your case. Even if you don’t have to worry about this deadline, as soon as you become aware of an order of removal, you need to move quickly to avoid the repercussions.
Otherwise, you may be unable to return to the U.S. and work and live as a non-immigrant, immigrant, or eventual citizen. Working with a reliable attorney could help you file your motion well in advance to begin reopening your immigration case.
Reach Out to an Attorney Today
In the event of a missed immigration court date, it’s essential to reopen your case as soon as possible. Connecting with a reliable lawyer could be the key to helping you avoid removal or deportation and successfully filing a Motion to Reopen.For help with your case, contact us at Cho Immigration Law and discover how we can assist you.
