Understandably, you may grow frightened when notified that you have been scheduled for a hearing before an immigration court, regarding your potential removal or deportation from the United States. While your initial instinct may be to hide away from this scary thing, you must address it head-on. Otherwise, you may be in for more serious consequences besides exiting the country. With that being said, please continue reading to learn what might happen if you miss your scheduled immigration court hearing and how an experienced removal & deportation defense lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help ensure you do not accidentally do this.
What happens if I miss my scheduled immigration court date?
First of all, you may be formally notified of your scheduled immigration court date through a Notice to Appear (NTA). This is a charging document that explains the United States government’s reasons for seeking your removal, your rights at this time, and most importantly, the date on which you must present your case for relief or protection from deportation.
And so, if you fail to appear on your scheduled immigration court date, the judge may issue what is known as an in absentia removal order. Essentially, this is an official order of deportation since the judge has reason to assume that you waived your right to be present and defend your case to stay in the U.S.
What’s worse, though, is that this order may allow the U.S. Immigration and Customs Enforcement (ICE) to execute further enforcement actions against you. That is, they may issue a detainer or arrest warrant, meaning you may be placed in a detention center until you are forcefully removed from the country.
Are there valid excuses for not attending an immigration court hearing?
Given that you formally received an NTA, an immigration judge may give little to no leniency for your failure to appear at your scheduled court hearing. This is not to say, though, that there are not a handful of extenuating circumstances that a judge may entertain before enforcing a deportation order. Specific examples of such are as follows:
- You may prove that you were hospitalized, contracted a severe illness, or underwent a sudden medical crisis on your court date.
- You may prove that you had to respond to a serious family emergency that involved critical illness or death on your court date.
- You may prove that you experienced an unforeseen transportation issue (i.e., car accident or vehicle failure) on your court date.
- You may prove that a serious natural disaster occurred on your court date (i.e., tornado or wildfire) and it was unsafe to commute.
- You may prove that your notices from ICE and the court give the wrong information on the date, time, and location of your hearing.
If so, your lawyer may file a motion to reopen or rescind your case on your behalf. To conclude, before you step into an immigration courtroom, you must seek a skilled removal & deportation defense lawyer to stand by your side. Please contact our office, Sesini Law Group, S.C., as soon as you are ready.