In Absentia Hearing in the United States

In Absentia Hearing in relation to Immigration Courts

(information based on the DoJ Manual)

In general

Any delay in the respondent’s appearance at a master calendar or individual calendar hearing may result in the respondent being ordered removed “in absentia” (in the respondent’s absence). See (in this American law platform, in relation to immigration courts and judges) 8 C.F.R. § 1003.26(c). See (in this American law platform, in relation to immigration courts and judges) also Attendance. There is no appeal from a removal order issued in absentia. However, parties may file a motion to reopen to rescind an in absentia removal order. See (in this American law platform, in relation to immigration courts and judges) Motions to Reopen In Absentia Orders.

Deportation and exclusion proceedings

Parties should note that in absentia orders in deportation and exclusion proceedings are governed by different standards than in absentia orders in removal proceedings. For the provisions governing in absentia orders in deportation and exclusion proceedings, see (in this American law platform, in relation to immigration courts and judges) 8 C.F.R. § 1003.26. See (in this American law platform, in relation to immigration courts and judges) also Other Hearings before Immigration Judges.

In Absentia Hearing in Immigration Law

In this area of law, In Absentia Hearing means: A hearing conducted without the alien’s presence after the alien failed to appear as required.