Did you miss your immigration court hearing? Were you ordered deported because you did not appear in court? You may still have legal options.

Missing an immigration court date can have serious consequences, including receiving a deportation order without ever having the opportunity to explain your case to an immigration judge. However, depending on why you missed your hearing, you may be eligible to file a motion to reopen your immigration case.

At Your Immigration Attorney, we understand that missing an immigration hearing does not always mean someone intentionally failed to appear. Court dates can change, notices may not arrive, and unexpected emergencies can prevent someone from attending their hearing.

In certain circumstances, immigration law allows individuals to request that the court reopen their proceedings and give them another opportunity to present their case.

What Is a Motion to Reopen in Immigration Court?

A motion to reopen is a legal request asking an immigration judge or the Board of Immigration Appeals (BIA) to reopen immigration proceedings after a decision has been issued.

Unlike an appeal, which generally challenges a previous decision, a motion to reopen typically asks the immigration court to consider new facts, evidence, or circumstances that may justify reopening the case.

There are several reasons someone might file a motion to reopen, including:

• Missing an immigration court hearing and receiving a deportation order.
• Not receiving proper notice of an immigration hearing.
• Experiencing exceptional circumstances that prevented attendance at court.
• Changes in conditions in a person's home country that may affect eligibility for asylum or other immigration protection.
• Certain changes in immigration eligibility, such as becoming eligible for relief through an approved family petition.

However, not every change in circumstances qualifies someone for reopening. Each case must meet specific legal requirements.

What Happens If I Miss My Immigration Court Date?

If you fail to appear at your scheduled immigration court hearing, the immigration judge may issue a removal order in absentia. An in absentia removal order means that the immigration judge ordered you removed from the United States while you were absent from your hearing.

This can happen even if you did not realize your hearing was scheduled for that day.

For example, imagine that you received a Notice to Appear with one hearing date, but the immigration court later changed your hearing date. If you did not receive the updated notice and failed to appear, the immigration judge might issue a removal order in your absence.

If this happens, you may be able to file a motion to reopen an in absentia removal order and request another opportunity to appear before the immigration judge.

What Should I Do If I Missed My Immigration Court Hearing?

If you missed your hearing, it is important to act quickly.

First, check the status of your immigration case through the Executive Office for Immigration Review (EOIR) automated case information system at https://acis.eoir.justice.gov or by calling 1-800-898-7180.

You should also gather any notices you received from the immigration court, including your Notice to Appear, hearing notices, and any documents explaining why you were unable to attend.

An experienced immigration attorney can help determine whether you received a removal order, whether you qualify to reopen your proceedings, and what deadlines apply.

Even if your hearing was months or years ago, you should not automatically assume that your case cannot be reopened.

Can I Reopen My Immigration Case If I Never Received My Court Notice?

In certain circumstances, yes.

One of the grounds for filing a motion to reopen an in absentia removal order is that you did not receive legally required notice of your immigration hearing.

For example, you may have received an initial Notice to Appear but never received notification that your hearing date or location had changed.

If you can demonstrate that you did not receive the legally required notice, you may qualify to request reopening of your proceedings. Importantly, motions to reopen in absentia removal orders based on lack of proper notice generally do not have the same 180-day filing deadline that applies to exceptional circumstances.

However, notice requirements can be complicated, particularly when an individual has changed addresses, failed to update their address with the immigration court, or received multiple hearing notices.

An attorney can review your court records to determine whether a lack-of-notice argument may apply to your case.

Can I Reopen My Immigration Case If I Missed Court Because of an Emergency?

Yes, certain emergencies may qualify as exceptional circumstances that justify reopening an immigration case. Under immigration law, exceptional circumstances are generally serious events beyond your control that prevented you from attending your hearing.

Examples may include:

• Serious illness or hospitalization: You experienced a medical emergency that prevented you from attending immigration court.
• A serious car accident: You were involved in an accident on the way to your hearing and required emergency medical treatment.
• A family medical emergency: Your spouse, child, or parent experienced a serious illness or death that prevented your attendance.
• Extreme weather or natural disasters: A severe event made it impossible to attend your hearing, depending on the circumstances.

Not every emergency automatically qualifies as an exceptional circumstance. The immigration judge will consider the specific facts of your case and the evidence supporting your explanation.

For example, if you were hospitalized on the day of your immigration hearing, medical records documenting your hospitalization could be important evidence in support of your motion.

How Long Do I Have to File a Motion to Reopen After Missing Immigration Court?

The deadline depends on the reason you are asking the court to reopen your proceedings.

If you missed your hearing because of exceptional circumstances, you generally must file your motion to reopen within 180 days of the in absentia removal order.

If you did not receive legally required notice of your hearing, you may be eligible to file a motion to reopen at any time.

Certain individuals who were in federal or state custody through no fault of their own and consequently missed their immigration hearings may also qualify to request reopening without the 180-day deadline.

These rules have specific legal requirements and exceptions, so it is important to have your situation evaluated.

Regardless of the applicable deadline, seeking legal assistance as soon as possible can help preserve your options.

Can I Reopen My Immigration Case for Reasons Other Than Missing Court?

Yes. Motions to reopen are not limited to individuals who missed their immigration hearings.

There are other circumstances in which a person may request that immigration proceedings be reopened.

1. Changed Country Conditions and Asylum

If conditions in your home country have materially changed since your immigration proceedings, you may qualify to file a motion to reopen to pursue asylum, withholding of removal, or protection under the Convention Against Torture.

For example, imagine that after your immigration case concluded, political violence or persecution against a particular group significantly increased in your home country.

If these developments create a new or increased risk of persecution, you may be eligible to request reopening based on changed country conditions.

In certain cases, motions based on qualifying changed country conditions are exempt from the usual time and numerical limitations.

However, the evidence must satisfy specific legal requirements, including showing that the relevant country conditions have materially changed and that the evidence was not previously available.

2. New Eligibility for Immigration Relief Through Family

Another possible reason to seek reopening is a change in your eligibility for immigration relief.

For example, you may now have an approved family-based immigration petition that you did not have when your immigration proceedings originally concluded.

Depending on your circumstances, you may be able to request reopening to pursue adjustment of status or another available form of immigration relief.

However, having an approved I-130 family petition does not automatically qualify someone to reopen their immigration proceedings or obtain a green card.

Your eligibility will depend on several factors, including your immigration history, whether you qualify for adjustment of status, and whether your motion satisfies the applicable filing requirements or exceptions.

Is There a Deadline to File a Motion to Reopen an Immigration Case?

Generally, a motion to reopen must be filed within 90 days of the final administrative removal order, and an individual is generally limited to one motion to reopen.

However, there are important exceptions.

For example, different rules apply to motions seeking to rescind in absentia removal orders, certain motions based on changed country conditions, and qualifying joint motions filed with the Department of Homeland Security.

In some circumstances, equitable tolling or other legal exceptions may also be available.

Because these rules are complex, it is important not to assume that your opportunity to reopen your immigration case has expired simply because more than 90 days have passed.

Does Filing a Motion to Reopen Stop Deportation?

This depends on the type of motion being filed.

In removal proceedings, filing a qualifying motion to reopen to rescind an in absentia removal order generally results in an automatic stay of removal while the immigration judge considers that motion. However, most other motions to reopen do not automatically stop deportation.

In those situations, additional legal action may be necessary to request a stay of removal.

This is particularly important for individuals who already have final removal orders or are facing imminent deportation.

The information on this page is provided for general educational purposes and does not constitute legal advice. Eligibility to reopen an immigration case is highly fact-specific, and laws and procedures may change. Reading this page does not create an attorney-client relationship. For advice regarding a particular case, consult with a qualified immigration attorney on our team.