If you have missed a hearing and have been removed in absentia, you may be eligible to have that strike removed from your record through a motion to reopen. The deadline to file such a motion is at most 90 to 180 days, but this does not apply to motions based on lack of notice. That is, if the applicant never received written notice of the hearing. Common factors that indicate lack of notice include:
- Moved or changed addresses
- Failure to notify the court of move
- Confusion with other immigration-related appointment
- Notice to Appear lacking date, time, and place of hearing
- Failure to receive subsequent notice of court hearing date and time
In these instances, you must show an immigration judge you did not receive mail “reasonably calculated” to reach you. A notice sent by certified mail, for instance, is reasonably calculated to reach the recipient who, in turn, signs to verify receipt. Refusal of personal service or purposely avoiding mail do not count. If you only received notice of a removal order and did not know you were supposed to appear for a hearing, a legal professional can help remove the in absentia removal order and reopen your case.
La Migra 