Chapter 13: Missing a Hearing and What To Do
For a PDF of this chapter, see page 31 of the PDF version of this guide.
What will happen to me if I miss my Immigration Court hearing?
If you miss your Immigration Court hearing, the Immigration Judge will order you deported without you being there. It is very important you attend your Immigration Court hearing so you don’t get ordered deported. This is called an in absentia order. Make sure to check your case to find out when your next court date is. You can call 800-898-7180 or you can check the Automated Case Information System online if you are not in detention. All you need is your A-number.
If you move to a new city or state after you are released from ICE custody, you have to file a “Motion to Change Venue” so your Immigration Court case is moved to the place where you live. Your case will not be moved automatically. You will be expected to appear in court wherever your case is, even if it is all the way across the country. You can ask the PAIR Project for a guide to help you file a Motion to Change Venue.
If you do miss your Immigration Court hearing and you are ordered deported, ICE can pick you up at home or at work and arrest you. After 3 days, ICE can deport you without giving you another court hearing. ICE must, however, have travel documents ready for your deportation, which usually takes at least a few weeks.
If ICE has arrested you but not given you a Notice to Appear, you may have been ordered deported sometime in the past for missing a court hearing. ICE will deport you as soon as it gets the papers from your country, so you must act quickly to stop your deportation.