Missed Your Immigration Hearing? How to Reopen Your Case and Avoid Deportation

When Can You Reopen Your Immigration Case?

Even if you missed your immigration hearing, a removal order is not always final. You may qualify for a Motion to Reopen under these key circumstances:

1) Lack of Proper Notice

If you never received adequate notice of your hearing, you may be eligible to reopen your case.

What is “Proper Notice” in Immigration Court?

“Proper Notice” means that the court correctly served your hearing notice to your last known address or to your attorney. This document, either an Order to Show Cause (OSC) or a Notice to Appear (NTA), must include the date, time, and location of your hearing.

• If your NTA did not specify the date, time, or location when first issued, and you did not receive a follow-up notice, your deportation order may be invalid.

• If you moved and failed to update your address with the court, you might still be considered properly notified. Keeping your address updated with the court is critical!

• If you had an attorney, and the court notices were sent to them but they failed to inform you, this might not qualify as lack of notice. However, you may be able to claim “exceptional circumstances” instead (see below).

🛑 Important: You can file a Motion to Reopen at any time if you did not receive proper notice. This automatically pauses deportation proceedings while your motion is being reviewed.

2) Exceptional Circumstances

Even if you received proper notice but still missed your hearing, you may be able to reopen your case if extraordinary and unforeseen circumstances beyond your control prevented you from attending.

What Are Exceptional Circumstances?

Under the Immigration and Nationality Act (INA), exceptional circumstances include:

• Serious illness or hospitalization

• Battery or extreme cruelty (such as domestic violence)

• Death of an immediate family member (spouse, child, or parent)

• Ineffective assistance of counsel (if your attorney gave you bad legal advice)

The court will look at the totality of your circumstances to decide if your case can be reopened.

⏳ Time Limits: You must file a Motion to Reopen for exceptional circumstances within 180 days of receiving your in absentia removal order.

What If You Didn’t Know About Your Removal Order?

If you discovered your removal order much later, you may still have options under equitable tolling.

What Is Equitable Tolling?

Equitable tolling allows you to extend the 180-day deadline if you were unaware of your deportation order due to reasons beyond your control.

Example: Suppose you were given bad legal advice and told not to attend your hearing. Years later, you apply for a green card and find out you were ordered removed. With equitable tolling, your 180-day deadline to file a Motion to Reopen may start from the date you discovered your removal order, not from the original hearing date.

However, you must show that you were reasonably diligent—for example, hiring a new lawyer or making efforts to check your immigration status as soon as you became aware of the problem.

Next Steps: Protect Your Future

Missing your immigration hearing does not mean all hope is lost. Whether due to lack of notice or exceptional circumstances, you may still have the chance to reopen your case and fight deportation.

✅ Take Action Now:

• If you believe you qualify for a Motion to Reopen, consult an experienced immigration attorney immediately.

• Keep your address updated with the Immigration Court to avoid missing future notices.

• Stay proactive about your case and seek legal help to explore your options.

For expert legal guidance, contact Prizant Law today. Our team specializes in deportation defense and can help you navigate the process of reopening your case.

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