What to Do If You Miss Your Immigration Hearing (How to File a Motion to Reopen)

A judge can order you removed from the United States. This means you are at risk of being deported at any time. The removal order will say, “In Absentia.” This means you did not show up to court to argue your case. The judge will mail the removal order to your address on record with the court. If you moved and did not tell the court, the removal order will go to your old address. You must tell the court every time you move. LawHelpMN has a fact sheet that talks about how to tell the court you moved: Reporting a Change of Address to the Immigration Court.

If you miss a hearing, call or go online to find out if the judge ordered you removed. 

By Phone. Call the EOIR hotline at 1-800-898-7180. The hotline is in English and Spanish. Push 2 for help in Spanish. Enter your A-Number or “Alien Registration Number.” (Go to immigrationhelp.org to learn how to find your A-Number.) A recording will say if you are ordered removed or if you have a hearing scheduled. 

Online. Visit acis.eoir.justice.gov. Enter your A-Number. It will tell you if you are ordered removed or if you have a hearing scheduled.

Try to reopen your case. Do this by filing a motion to reopen an in absentia order. 

• You must file the motion within 180 days of the date the judge ordered you removed. In your motion, say why you missed your hearing. If you missed the deadline for any reason, talk to an immigration lawyer. You can file a motion to reopen after the 180-day deadline if there is a special reason that made it hard to file the motion on time like a mental health issue or being in federal custody.
   
• You can only file a motion to reopen 1 time. If it is denied, you cannot file another motion to reopen. Send information to the court with your motion to prove why you missed your hearing. See the “How to File a Motion to Reopen an In Absentia Order” part of this fact sheet for examples.
   
• If possible, talk to an immigration lawyer before you file your motion. A lawyer can make sure you send the best information.

You must have a good reason why you missed your hearing for the court to reopen your case. Examples of “good reasons” are:

• Your mail was sent to your aunt’s house. Your aunt did not tell you that you had a hearing.
   
• You showed up at the wrong court because your hearing location was changed.
   
• Your car broke down on the way to the hearing.
   
• The court did not provide an interpreter in the language you are most comfortable using. You did not know when, how, or where to go to court.
   

These are not the only reasons the court might reopen your case. You might have a good reason to reopen your case if something happened that kept you from getting to court.

Do NOT use this fact sheet. Motions to reopen other types of orders have different rules. If your removal order DOES NOT say “In Absentia” on it, talk to an immigration lawyer.

Search for free lawyers and legal clinics on LawHelpMN.org. Free lawyers are in high demand. You are not guaranteed a free lawyer just because you ask for one. You can also talk to a private lawyer if you can afford to pay about $200 for a meeting.

• A new hearing will be scheduled for you. You must go! You will get a written notice in the mail saying your motion was granted. It will have your new hearing date and location. You can also call or check your hearing information online.
   
• Make sure the court has your correct address. It is important that the court knows your current address. If you move at any time, send a change of address form to your court.
   
• Get ready to go to court for the first time. LawHelpMN has a fact sheet about what to do before a hearing in immigration court. It talks about what to expect when you get to the courthouse. It can also help you find your hearing information: What to Expect the First Time You Go to Immigration Court in Minnesota.
   
• Change your address with the court. Complete Form EOIR-33IC and send it to the court. LawHelpMN has a fact sheet that helps you change your address with the court: Reporting a Change of Address to the Immigration Court.

Appeal the decision to the Board of Immigration Appeals. If you file an appeal, you are granted an “automatic stay” until that decision is made. This means that you cannot be deported until a judge makes a decision about your appeal. You must file your appeal within 30 days of when your motion to reopen was denied. Find a lawyer to help with your appeal. The Florence Immigrant and Refugee Rights Project has a guide that talks about how to file an appeal: Appealing Your Case To The Board Of Immigration Appeals.

There are 6 steps to reopen your case.

1. Fill out a motion to reopen an in absentia order.
Instructions and a sample are in the “Sample Motion to Reopen an In Absentia Order” part of this fact sheet.

2. Gather documents to send with your motion.
Send 4 things:

• Motion to reopen an in absentia order.
   
• Evidence that proves why you missed your hearing. There are examples of evidence in the “Sample Motion to Reopen an In Absentia Order” part of this fact sheet.
   
• A change of address / contact information form. Get Form EOIR-33.
   
• Fee receipt OR a fee waiver application.
  • Asylum seekers: There is no fee. You must send your asylum application (Form I-589) with your motion.
  • Everyone else: There is a $145 fee to file a motion to reopen. Send a fee waiver application (Form EOIR-26A).
  • If you make too much money to qualify for a fee waiver: talk to an immigration lawyer. You must pay the fee before you file your motion and send your payment receipt.
     

3. Make 3 copies of the motion and supporting documents. Keep 1 copy of everything.

4. Mail 1 copy of the motion and supporting documents to the court that ordered you removed.
Find the name and address of the court that ordered you removed:

• By Phone. Call the EOIR hotline at 1-800-898-7180.
• Online. Go to acis.eoir.justice.gov.
   

5. Mail 1 copy of the motion and supporting documents to the government lawyer or “OPLA office.”
This is also called “serving the government lawyer.” This address is different from the court’s address. To find the OPLA office assigned to your court:

• Call the court that ordered you removed. Tell them you are trying to file a motion to reopen an in absentia order. Ask for the name and address of the OPLA office assigned to your court. 
   

6. Check to see if your case was reopened.
The court will mail you a letter with their decision. If your case was reopened, a new hearing will be scheduled. Call or check online to see if you have a hearing scheduled. You will be told the date, time, and location of your hearing.

• By Phone. Call the EOIR hotline at 1-800-898-7180. Enter your A-Number or “Alien Registration Number.” Use the menu of options to check the date and time of your hearing. The hotline is in English and Spanish. Push 2 for help in Spanish.
• Online. Go to acis.eoir.justice.gov. Enter your A-Number. Look at “Next Hearing Information” and “Court Contact Information.”

There are 4 parts to a motion to reopen an in absentia order. Each part must be filled out in English.

1. Cover sheet. This tells the court who you are and the place where you missed your hearing.
2. Motion. This tells the court why you missed your hearing. 
3. Order. This is a form the court will fill out and send back to you. It is how the court will tell you if your request was approved. 
4. Certificate of service. This tells the court when and how you sent a copy of the motion to the government lawyer.
    

Get a blank copy of this motion. Use the samples in this fact sheet to help you fill out the cover sheet, motion, order, and certificate of service. Fill in as much information as you can. If you do not have some of the information, like the name of the immigration judge, send the motion with as much information as you can.

Send any documents that prove why you missed your hearing. These documents must be sent in English. If the original document is not in English, an interpreter can translate it. You do not need to use a professional interpreter. A bilingual family member, friend, or acquaintance can do it. They must complete an interpreter form.