Immigration Law
Ordered removed in absentia: what it means and what can be done
If a judge ordered your removal because you were not at the hearing — as a general rule, this is not a BIA appeal. The route is different.
What is an in absentia removal order?
If a person does not appear at their hearing, the judge may generally order removal without them. It is a real order and generally takes effect immediately.
Can this order be appealed to the Board (BIA)?
As a general rule — no. An order made in a person's absence is generally not challenged by an appeal to the Board of Immigration Appeals. The route is a motion to reopen in the same immigration court that issued the order. Filing an appeal to the Board against such an order is generally not the way to challenge it, and the time to act runs meanwhile.
Does filing the motion stay the removal?
As a general rule — yes. Filing a motion to reopen generally stays the removal order while the judge considers it.
How much time do I have?
The answer depends on the ground, and this is the most important section. For exceptional circumstances (serious illness of the person or a close relative, and similar) — as a general rule, 180 days from the date of the order. If you did not receive notice of the hearing — the law sets no time limit for a motion on that ground. If on the day of the hearing you were in the custody of another authority — there is also no time limit. Someone who believes they are years too late may be wrong, because on two of the three grounds the law sets no time limit. This does not mean that every reader qualifies for one of them.
Is there a filing fee?
As a general rule — yes, a fee applies to a motion to reopen. The exceptions are motions brought on the lack-of-notice ground or the in-custody ground: in those cases the rules provide that the filing fee does not apply. The fee is set by a schedule that changes from time to time, so check the current amount with us or on the court's own site before paying.
What documents are needed?
The hearing notice and the envelope it came in; the address the court had for you; anything showing why you could not be there; and any papers you already have from the court.
How many times can this motion be filed?
As a general rule — once. Which is why what goes into it matters.
What if the judge denies it?
Then an appeal to the Board generally becomes possible, and that clock runs from the refusal rather than from the original order.
How we can help
We read the order and the notices, work out which ground the facts fit and whether a time limit applies, gather the evidence the motion turns on, and prepare and file it. Whether any ground applies is a question of facts an attorney has to look at.
Prepared by Immigrateful — Vladislav Salaridze, Esq., admitted in New York. Updated 1 October 2026.
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ATTORNEY ADVERTISING. The information on this page is general and educational. It does not constitute legal advice and does not create an attorney-client relationship. Prior results do not guarantee a similar outcome. The time limits depend on the ground. Consult a licensed attorney about your own case.