What Can You Do If You Receive an In AbsentiaRemoval (Deportation) Order?

Receiving an order of removal in absentia—meaning the Immigration

Judge ordered your removal (also known as deportation) because you

did not appear for your hearing—can be frightening. Many people

assume that once an in absentia order has been issued, there is

nothing they can do. In reality, there may be several legal options

available depending on the circumstances of your case.

If you have received an in absentia removal order, it is important to act

quickly and consult with an experienced immigration attorney to

evaluate whether the order can be challenged or reopened.

Step 1: Conduct a Thorough Review of the Record

The first step is to carefully review the immigration court record and all

notices that were issued in the case. A detailed review may reveal

procedural or legal errors that could provide grounds to challenge the

removal order.

A very common issue to investigate include whether proper notice of

the hearing was provided and whether the Notice to Appear (NTA) or

hearing notice was mailed to the correct address. It is also important to

check whether there were any other administrative errors by the

immigration court or the government. A procedural defect may provide

a basis for filing a motion to reopen and rescind the in absentia order.

When an in absentia order resulted from a lack of proper notice, a

motion to reopen may be filed to rescind the order. The good news:

unlike many other motions, motions based on lack of notice can be

filed at any time and are not restrictive by the usual 180-day rule.

Step 2: Determine Whether Exceptional

Circumstances Prevented Attendance

Immigration law permits certain individuals to seek rescission of an in

absentia order if they failed to appear because of “exceptional

circumstances.”

Examples may include:

 Serious illness of the respondent.

 Serious illness or death of an immediate family member.

 Medical emergencies.

 Other extraordinary events beyond the person’s control that

directly prevented attendance.

Generally, a motion to reopen based on exceptional circumstances

must be filed within 180 days of the date of the in absentia order.

Because this deadline can be critical, individuals should seek legal

advice as soon as possible. It is important to consult with an

immigration attorney as the list is not exhaustive and there could be

many other reasons that the court could consider as an exceptional

circumstance for failing to appear.

Supporting documentation—such as medical records, hospital

records, death certificates, or other evidence—can be essential to

demonstrating why attendance was impossible.

Step 3: Investigate Whether Fraud or Misconduct

Occurred

Unfortunately, some individuals become victims of fraud, notario

misconduct, or unauthorized practice of law.

Examples may include:

 A consultant or notario filing an application without the person’s

knowledge or informed consent.

 False information being submitted to immigration authorities.

 An application being filed using an incorrect address.

 Someone representing that they were handling the case while

failing to notify the individual of court dates.

In these situations, the individual may have grounds to seek reopening

based on fraud, ineffective assistance, or other equitable

considerations.

Evidence such as communications, receipts, affidavits, and

documentation showing the fraudulent conduct can be critical in

supporting the request for relief.

Step 4: Explore Other Possible Avenues of Relief

Even if one of the traditional grounds for rescission does not apply,

there may be additional legal strategies worth evaluating.

Depending on the facts, an immigration attorney may assess:

 Whether changed circumstances affect eligibility for immigration

relief.

 Whether prosecutorial discretion options are available.

 Whether reopening is appropriate based on due process

concerns.

 Whether other statutory or equitable remedies exist.

Every case is unique, and a thorough legal review is often necessary

to identify all available options.

Time Is Important

An in absentia removal order should never be ignored. Certain

remedies are subject to strict filing deadlines, and delays can make it

more difficult to obtain relief.

If you have received an in absentia order, consider consulting an

experienced immigration attorney promptly to review the record,

identify any procedural errors, assess potential defenses, and

determine whether a motion to reopen may be available.

Disclaimer

This article is provided for informational purposes only and does not constitute legal

advice. Immigration laws are complex and fact-specific. Individuals should consult a

qualified immigration attorney regarding their particular circumstances.