Your Immigration Link to the World

If a person in removal proceedings fails to appear for a court hearing, the Immigration and Nationality Act permits an immigration judge to order a person removed in absentia. The government (Immigration & Customs Enforcement) must establish by clear, unequivocal, and convincing evidence that proper written notice was provided to the alien and that the person is removable.

There are two main situations where individuals who were ordered removed or deported in absentia can reopen their cases:
(1) They did not receive notice of the hearing, and
(2) they did not appear at their hearing because of exceptional circumstances.

The following document explains the law and procedure in order to get your case reopened.