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Amidst recent reports of mass deportations, immigrants facing upcoming court hearings are increasingly hesitant to attend, fearing immediate detention by Immigration and Customs Enforcement (ICE).
This apprehension, while understandable, carries significant legal risks as failing to appear in court can result in an in absentia removal order, effectively a deportation order issued without a hearing. According to Jodi Ziesemer, director of the Immigrant Protection Unit at NYLAG (New York Legal Assistance Group), an absentia order signals to the court that the individual has abandoned their case and their right to remain in the United States.
This action drastically reduces their chances of staying in the country, as deportation is ordered in their absence. While there is no direct appeal process for an in absentia removal order, individuals have a limited window of 180 days (six months) to file a motion to reopen their case under exceptional circumstances. This motion allows them to present new evidence or facts that could potentially overturn the deportation order.
Acceptable evidence could include proof of lack of notice of the hearing, illness, death of a family member, or being a victim of extreme violence, which prevented their attendance. The motion to reopen, a written document, must be submitted to the same court that issued the initial order. While this motion is pending, the individual is protected from deportation.
The Department of Justice offers a self-help guide that outlines the necessary steps and required information, including the individual's name, address, and supporting evidence for missing the court hearing. Organizations like CUNY Citizenship Now also provide free legal assistance to aid individuals with this process.
To confirm the date and location of their court hearing, individuals can enter their A-Number into the Executive Office for Immigration Review (EOIR) Automated Case Information Portal or call the EOIR's automated case information system. If no information is returned, it could indicate the case hasn't been logged or immigration officials don't recognize the individual.
In such cases, consulting an immigration attorney is strongly advised. The current environment of fear and ambiguity surrounding immigration enforcement places many in a precarious position. Staying informed and seeking counsel remains paramount for immigrants navigating the complexities of the immigration court system.