In Absentia Removal Order: How to Reopen Your Case
What an In Absentia Removal Order Is, and How to Confirm You Have One
If you or a family member missed a hearing at immigration court, the judge most likely entered an in absentia removal order. Removal was ordered without you present, based only on what the government presented.
Under INA 240(b)(5)(A), a judge may do that only if the government proves by clear, unequivocal, and convincing evidence that written notice was provided and that you are removable. That is a demanding standard, and it is why many of these orders can be undone.
To find out whether an order exists, call the EOIR automated case information line at 1-800-898-7180. It is free, in English and Spanish, 24 hours a day. You can also check acis.eoir.justice.gov.
You will need an A-Number, the letter A followed by digits, printed on your Notice to Appear. If the system reports a removal decision on a date when you were not in court, that is your in absentia order. Write that date down. It controls everything that follows.
The Two Ways to Reopen, and Why the Deadlines Are Completely Different
This is the part people get backwards, and getting it backwards costs them their cases. INA 240(b)(5)(C) creates two paths to rescind an in absentia order, and the deadlines are not the same.
The first path is exceptional circumstances. If you missed the hearing because something serious happened that was beyond your control, you must file a motion to reopen within 180 days after the date of the order. When that window closes, this ground closes with it.
The second path is lack of proper notice, or being in federal or state custody through no fault of your own. For these, the statute says the motion may be filed at any time. There is no deadline. Not 90 days, not 180 days, not ten years.
Do not assume the 180 day rule applies to you. People read "180 days," look at an order five years old, and give up on a case that is still winnable under the no deadline ground.
One more rule matters as much. Under 8 CFR 1003.23(b)(4)(ii), you may file only one motion to reopen an in absentia order. One. File a thin motion on the wrong ground and you generally do not get a second attempt. That is the strongest reason to let our removal defense team build this filing before it reaches the court.
Ground One: Exceptional Circumstances, the 180 Day Motion
INA 240(e)(1) defines exceptional circumstances as circumstances beyond your control: battery or extreme cruelty to you, your child, or your parent, your own serious illness, or serious illness or death of your spouse, child, or parent. It excludes "less compelling circumstances."
The Board of Immigration Appeals applies this strictly. In Matter of B-A-S-, a foot injury the day before the hearing was not enough. In Matter of J-P-, a serious headache the morning of the hearing was not enough. Both lost largely because they never called the court and had no medical records. In Matter of S-A-, traffic did not justify reopening.
Arriving late can still work, but only with proof. In Matter of S-L-H- and L-B-L-, the Board held that a judge may rescind an order for late arrival, weighing how late you were and the totality of the circumstances. It expects affidavits, traffic and weather reports, medical records, and verification of when you reached the courtroom. General statements without corroboration will not carry a motion.
Bad lawyering can qualify. In Matter of Grijalva-Barrera, the Board held that ineffective assistance of counsel can amount to exceptional circumstances, but only if you satisfy every requirement of Matter of Lozada. It does not extend the 180 day deadline, as the Board held in Matter of Lei and Matter of A-A-.
Ground Two: You Never Got Proper Notice, and There Is No Deadline
This is the most common winning ground, and the law shifted sharply in 2024. In Campos-Chaves v. Garland, decided June 14, 2024, the Supreme Court held that someone who received a proper hearing notice for the hearing he missed cannot have his order rescinded on notice grounds, even if the original Notice to Appear was defective. You must show you did not receive notice for the hearing you actually missed.
That shut down a popular argument. For years, lawyers argued that a Notice to Appear missing the time and date made an in absentia order invalid on its own. It no longer does. In Matter of Laparra-Deleon, designated as precedent by the Attorney General in January 2026, the Board held that a compliant notice of hearing is sufficient written notice even where the Notice to Appear was defective, and that this rule is good law in any circuit with no contrary precedent.
Here is what still wins. If the hearing notice went to an address where you no longer lived, or was never delivered, or went only to a former attorney, or if the court never mailed one at all, you may have a strong motion.
How the notice traveled matters. In Matter of Grijalva, the Board held that certified mail carries a strong presumption of delivery. In Matter of M-R-A-, it held that regular mail carries a weaker one, overcome by sworn affidavits from you and from others who know whether the mail arrived, proof you acted diligently once you learned of the order, any prior application for relief showing you had reason to appear, and your record at earlier hearings.
Address rules cut both ways. Under INA 240(b)(5)(A), notice sent to the most recent address you gave the court is sufficient, and 8 CFR 1003.15(d) requires a Form EOIR-33 within five days of any move. If you never gave an address, INA 240(b)(5)(B) says no written notice was required. If you do not know what address is on file, an immigration lawyer who practices in Philadelphia can pull the record.
Ground Three: You Were in Jail or in ICE Custody
If you missed the hearing because you were in federal or state custody through no fault of your own, INA 240(b)(5)(C)(ii) lets you file at any time, with no deadline.
Families often assume this ground cannot apply because the person was arrested for something. In Matter of Evra, the Board held that the conduct behind an arrest and incarceration is not "fault" under this provision.
If your relative is detained and you do not know where, our guide on how to look up an ICE detainee walks families through the search.
Filing Your Motion Stops Your Removal Automatically
This is the fact that lets most families breathe again. Under INA 240(b)(5)(C), filing a motion to reopen to rescind an in absentia order stays your removal while the immigration judge decides your motion. The stay is automatic. You do not file a separate request, you do not pay for it, and you do not have to persuade anyone to grant it.
EOIR says the same in its Immigration Court Practice Manual at Chapter 4.9, and it applies to both grounds. If someone in your family faces removal within days, reach us through our emergency page.
What It Costs to File in 2026, and Which Motion Is Free
The fees changed on June 11, 2026, and much of what is online about them is now wrong. A motion based on lack of notice or on being in custody, filed under INA 240(b)(5)(C)(ii), costs nothing. It is exempt by statute and by regulation at 8 CFR 1003.24(b)(2)(iii).
A motion based on exceptional circumstances, filed under INA 240(b)(5)(C)(i), now costs $1,065, a $145 filing fee plus a $920 fee added by the 2025 budget law. Two people can file the same morning, and one pays a thousand dollars more purely because of which ground was used.
Fees go through the EOIR Payment Portal and are generally not refundable. Under 8 CFR 1003.24(d), a judge may be able to waive the fee if you show you cannot pay, supported by a sworn declaration.
The motion goes to the court that entered the order, which for most Lehigh Valley families is the Philadelphia Immigration Court. There is no direct appeal of an in absentia order to the Board of Immigration Appeals, so the motion is the only route. The government's response is due within 10 days, and a jointly filed motion carries no fee.
Attorneys file electronically through ECAS. If you are unrepresented, you may still need to file on paper, because EOIR's Respondent Access portal is rolling out in phases and you must be invited before you can register.
What an In Absentia Order Costs You If You Do Nothing
Under INA 240(b)(7), an in absentia removal order makes you ineligible for voluntary departure, cancellation of removal, adjustment of status, change of nonimmigrant status, and registry for 10 years. That clock runs from the date the final order was entered, not from the date you depart.
There is also a direct financial cost. Under the 2025 budget law, someone ordered removed in absentia who does not depart and is later arrested by ICE owes a fee that cannot be waived. For fiscal year 2026 it is $5,130. DHS has proposed raising it to $18,000, but that is only a proposal, not law. The fee does not apply if the order is rescinded.
Not everything is barred. Asylum, withholding of removal, and protection under the Convention Against Torture are not on the INA 240(b)(7) list.
Frequently Asked Questions
How long do I have to reopen an in absentia removal order?
It depends on your reason. If you missed the hearing because of exceptional circumstances, such as serious illness, the death of a spouse, child, or parent, or domestic violence, you have 180 days from the date of the order. If you never received proper notice, or you were in custody through no fault of your own, there is no deadline at all and you may file at any time, even years later. See INA 240(b)(5)(C).
Will I be deported while my motion to reopen is pending?
No. Under INA 240(b)(5)(C), filing a motion to reopen to rescind an in absentia removal order automatically stays your removal while the immigration judge decides your motion. You do not file a separate request or pay anything, because the stay takes effect by law the moment the motion is filed.
My Notice to Appear did not have a hearing date on it. Does that mean my order is invalid?
Not by itself, not anymore. In Campos-Chaves v. Garland the Supreme Court held in 2024 that if the court later mailed you a hearing notice with the time and place, and you received it, you cannot have the order rescinded for lack of notice. What still works is showing you never received notice for the hearing you missed.
How much does it cost to file the motion?
It depends on the ground. A motion based on lack of notice or on being in custody costs nothing, because it is exempt by law. A motion based on exceptional circumstances costs $1,065 as of June 2026, a $145 fee plus a $920 fee added by the 2025 budget law, paid through the EOIR Payment Portal. A judge may be able to waive it if you show you cannot pay.
What happens if I do nothing?
Under INA 240(b)(7), an in absentia order makes you ineligible for voluntary departure, cancellation of removal, adjustment of status, change of nonimmigrant status, and registry for 10 years from the date of the order. ICE can also arrest and remove you at any time without another hearing. Under the 2025 budget law, someone who does not leave and is later arrested by ICE owes an unwaivable fee, currently $5,130 for fiscal year 2026, which does not apply if the order is rescinded.
Lehigh Valley Immigration Law represents clients from Allentown and across the Lehigh Valley at the Philadelphia Immigration Court. Attorney Alex Short offers a free bilingual consultation. Call (484) 763-4984 or use our contact page.
Find the exact date of your in absentia order before you do anything else. That date decides whether you are racing a 180 day clock or standing on a ground with no deadline at all.