Do I have to go to immigration court? What happens if I miss my hearing

This page is about attending court and what happens if you don't. It is general information, not legal advice. For the full path of a case, see How the deportation process works.

Do I really have to go?

Yes. Everyone named in the case must come to every hearing unless the judge has excused them in writing (EOIR Practice Manual 4.15). If you asked to be excused and have not heard back, you still have to go. Being excused once does not cover your next hearing.

Your hearing is your chance to tell a judge why you should stay. You can't use that chance if you are not there.

What happens if I miss my hearing?

If the government shows you were properly notified and that you can be deported, the judge must order you deported without you there. This is called an "in absentia" order (8 U.S.C. 1229a(b)(5)).

That order can also:

• Block you for 10 years from voluntary departure, cancellation of removal, getting a green card through adjustment of status, and some other changes of status, if you were told about the hearing and its consequences
• Lead ICE to arrest you to carry out the order

If the court mailed your hearing notice to the last address you gave it, that counts as notice, even if you moved and did not update it. That is why the address step matters so much. See How do I change my address with the court?

What if I can't go on my date?

Call a lawyer right away, before the date. A lawyer can ask the judge in writing to move the hearing. Until the judge says yes, plan to go.

If something sudden happens on the day, like a serious illness or an accident, get proof (a doctor's note, a hospital record, a police report) and call a lawyer the same day.

Can I go online instead? Some hearings are held online, but only if the judge allows it. If you do not have a lawyer, your hearing is in person unless the court tells you otherwise. Check your hearing notice and call the court if you are not sure.

I missed my hearing. What now?

Act now. Do not wait to see if anything happens.

1. Check your case at Automated Case Information or 800-898-7180. See whether the judge ordered you deported and on what date.
2. Gather proof of why you missed it.
3. Get legal help this week. A lawyer can ask the judge to cancel the order and reopen your case. This is called a motion to reopen.

The law (8 U.S.C. 1229a(b)(5)(C)) allows a motion to reopen after a missed hearing:

The law says less serious reasons do not count. Do not decide that alone. Let a lawyer look at your reason, and do it fast. See Can I reopen my deportation case?

Filing the motion pauses removal. Under the same law, filing one of these motions stops ICE from deporting you while the judge decides it. Keep a stamped copy or the online filing receipt with you.

What does it cost?

A motion to reopen before a judge costs $1,095 for filings on or after October 1, 2026 (91 FR 54211, AILA copy). If you never got notice or were in custody, the regular part of that fee is not required (8 CFR 1003.24). The 2026 fee notice does not say whether the newer H.R. 1 part still applies in that case (91 FR 54211). Ask a lawyer before you file, and include a fee waiver request if you cannot pay. If you cannot pay, the judge can waive the fee (EOIR Policy Memo 25-36).

What should I bring to the lawyer?

• The order, if you have it, or your A number so the lawyer can look it up
• Every letter from the court or ICE, with the envelopes
• Proof of where you lived on the date of the notice: a lease, bills, mail
• Proof of why you missed it: medical records, a death certificate, a police report, jail or release papers
• A short written timeline in your own words

What does this look like in real life?

This example is made up to show the steps. It is not a real person.

Jorge moved from Oakland to Fresno and told the post office, but not the court. His hearing notice went to the old address. He missed the hearing and the judge ordered him removed. Three months later a friend helped him check his case online and he saw the order. Because the court mailed the notice to the last address he gave it, the law treats that as notice, so "I never got it" may not work for him. His lawyer looks at other facts: whether the notice was correct, and whether he had a serious reason inside the 180 days. Jorge files the change of address form that same day so no other notice goes astray.

Can ICE arrest me at court?

In 2025, ICE made many arrests at immigration courts, including in San Francisco. In 2026, two federal judges struck down the 2025 policies that allowed this:

• June 23, 2026: a federal judge in San Jose threw out the ICE and immigration court policies on courthouse arrests (Pablo Sequen v. Albarran order).
• September 30, 2026: a federal judge in New York struck down the 2025 courthouse arrest policy for immigration courts nationwide (African Communities Together v. Lyons, per the ACLU, counsel in the case).

These rulings bring back the older limits on arrests at immigration courts. The government may appeal, and things can change fast. Missing court is still far riskier than going. Make a plan before your date:

• Save a legal service's number in your phone and on paper.
• Bring a trusted adult who can call for help and care for your children. See Make a family preparedness plan.
• Know your rights if agents stop you. See Can ICE arrest me at a courthouse, hospital or church?

We know how scary this is. Going to court is how you protect your chance to stay.

Is there a checklist I can print?

Who can help?

These are free or low cost nonprofits and public offices. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

Anywhere in the United States: the DOJ List of Pro Bono Legal Service Providers, sorted by immigration court.

For San Mateo and Santa Clara County residents:

• Community Legal Services in East Palo Alto (CLSEPA): 650-326-6440. Deportation defense for people with low income. Walk in Monday to Friday, 9 a.m. to 1 p.m., 1861 Bay Road, East Palo Alto.
• Asian Law Alliance (San Jose): (408) 287-9710
• Catholic Charities of Santa Clara County: (408) 468-0100
• Catholic Charities San Francisco, immigration services (serves San Mateo County): (650) 285-6451
• Rapid response if agents are near you: Santa Clara County (408) 290-1144; San Mateo County (203) 666-4472, open 24 hours
• Bay Area cases: use the Concord section of the DOJ list.

More choices are on Free or low cost immigration legal help.

Showing up takes courage. Every hearing you attend keeps your case, and your hope, alive.