Anyone who fails to appear at a hearing can ask the judge to vacate the order. The time limit and fee depend on the reason, and the law allows only one motion.
A person who has been ordered deported in absentia by an immigration judge can request that the order be overturned by filing a motion to reopen the case. This is established by immigration law and the Immigration Court Practice Manual of the Executive Office for Immigration Review (EOIR), which is part of the Department of Justice.
The order in absentia (in absentiaThis order is issued when a person in removal proceedings fails to appear at their hearing and the government proves they were properly notified. For those pursuing a case without legal representation, missing a hearing due to illness, a change of address, or a notice that never arrived can result in such an order.
What the law says
According to the Article 240 of the Immigration and Nationality Act (8 USC § 1229a), The order can only be rescinded in two ways. The first is a motion filed within 180 days of the order, in which the person demonstrates that they failed to appear due to exceptional circumstances. The second is a motion filed at any time, if the person demonstrates that they did not receive the notification or that they were in federal or state custody and failed to appear through no fault of their own.
The Practice Manual adds that the circumstances must be beyond the person's control. It also clarifies that the Board of Immigration Appeals does not have jurisdiction over direct appeals of these orders; the process is handled by the immigration judge.
Time limit, fee and suspension of deportation
Filing the motion automatically suspends the removal until the judge resolves it, in accordance with the law and the Chapter 5.9 of the Practice Manual. Only one motion is allowed to reopen and to rescind an order in absentia.
The EOIR tariff page The fee for a motion to reopen before an immigration judge is set at 1,095 pesos (1,095 dollars). It drops to 950 pesos (1,095 dollars) if based solely on a relief request, which does not require a fee. The fee does not apply to motions for failure to notify or for custody. The page does not address exceptional circumstances, so it is advisable to confirm with EOIR whether a fee applies in that case.
As of February 23, 2026, EOIR no longer accepts checks or money orders. Payments are made online through the EOIR Payment Portal, as stated on that same page, updated on October 5, 2026.
How it is presented
The Practice Manual indicates that the motion should have a cover sheet titled «MOTION TO REOPEN AN IN ABSENTIA ORDER.» If the person has a representative or received assistance with the documents, Form EOIR-28 or EOIR-61 should be included. Form EOIR-33/IC should also be filed so the court has the current address. Responses to the motion are due ten days after the court receives it, unless the judge sets a different deadline.
The issue of notifications
The law states that a notification sent to the most recent address the person provided to the government is sufficient. Someone who moved and didn't update their address may have difficulty claiming they didn't receive the notice. That's one reason to always register changes of address with the court.
The law also provides for an additional consequence. If the person received oral notice, in a language they understand, of the time, place, and consequences of failing to appear, they become ineligible for 10 years after the final order for certain reliefs, such as cancellation of removal, voluntary departure, and adjustment of status. The exception is if the absence is due to exceptional circumstances.
How to check the status of the case
He EOIR automated case information system It allows you to check a case using the A number and nationality. The page itself warns that the automated information is offered for convenience only.
What does it mean to you?
- If you missed a hearing, check the status of your case as soon as possible using your A number in the EOIR system.
- If the order was based on exceptional circumstances, the deadline is 180 days from the date of the order.
- If you never received the notice or were in federal or state custody, the law allows you to file the motion at any time.
- You can only file one motion of this type, so it is advisable to prepare it with the help of an immigration lawyer or an accredited organization.
- Keep your court address up to date using form EOIR-33/IC.
This note explains general rules and does not replace the advice of a lawyer on a particular case.
Legal notice: This information is general and does not replace the advice of a licensed immigration attorney or a representative accredited by the Department of Justice.
