I Missed My Immigration Court Hearing. Is There Anything I Can Do?

I Missed My Immigration Court Hearing. Is There Anything I Can Do?

If immigration officials have charged you with removal, you are facing a very serious situation. You may lose the place that you have called home for many years and the ability to remain in the United States with your family. Therefore, it is essential that you keep track of your immigration court proceedings and any scheduled hearings. If you miss your immigration court hearing, the judge will order you to be deported. This is called being removed in absentia. In other words, you cannot just assume that you can reschedule your immigration court hearing for another day. You run the very real risk of being deported if you fail to appear at your hearing. So long as the government can show that you were issued written notice of the hearing, the immigration judge must enter a deportation order if you don’t show up. You will face very serious consequences if you are subject to an order of removal, even if you didn’t appear or get notice of the hearing. You become automatically ineligible for many other types of relief. Even more importantly, Immigration and Customs Enforcement (ICE) can immediately deport you at any time, and you will have no right or opportunity to see another immigration judge. In limited circumstances, you may be eligible to file a Motion to Reopen your immigration case. This may be the case if you didn’t receive the Notice to Appear in immigration court because it was mailed to the incorrect address, or if you were unable to appear due to extraordinary circumstances. You also may be able to ask the immigration judge for discretionary relief, again, depending on the facts and circumstances surrounding your case. These forms of relief are relatively rare and often complex; as a result, you really need the assistance of an experienced immigration attorney who can assist you through this process. Also Motions to Reopen typically must be submitted within 90 days of your failure to appear (with some very limited exceptions), so please act quickly! As this post illustrates, you may have remedies even if you missed an immigration court hearing. The Oakland deportation defense attorneys of Landerholm Immigration, A.P.C. are here to help you navigate the immigration court system and get you the relief that you deserve. Take the first step today toward your securing the future of your family in the United States, and call our office at (510) 756-4468 to set up an evaluation with one of our highly skilled California immigration lawyers.
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