What Happens If You Miss Your Immigration Court Hearing in San Jose?

Missing an immigration court hearing is one of the most consequential mistakes a person in removal proceedings can make. If you do not show up, the immigration judge will almost certainly order you removed in your absence. That order carries serious long-term consequences that can follow you for a decade or longer.

But missing a hearing does not always mean it is over. If you have a missed immigration court hearing in San Jose or elsewhere in California, there are legal options available, but you need to act fast.

What Is an In Absentia Removal Order?

When a person fails to appear for a scheduled removal hearing, the immigration judge issues what is called an in absentia removal order. This is a removal order entered without you being present in the courtroom.

Under INA Section 240(b)(5), if the government can show that you received written notice of the hearing, the judge is required by law to issue the removal order. The judge does not have discretion to simply reschedule.

An in absentia order has the same legal force as a removal order issued after a full hearing. If ICE encounters you at any point after the order is issued, they can take you into custody and carry out the removal immediately, without any additional hearing.

The Consequences Go Beyond Removal

An in absentia removal order does more than authorize your physical removal from the country:

• You become ineligible for several forms of immigration relief for 10 years after the order is issued. This includes cancellation of removal, voluntary departure, adjustment of status, and change of status.
• If you are removed and later reenter the country without authorization, you face criminal penalties and a potential permanent bar on future legal immigration.
• A civil penalty of up to $5,000 can be imposed if the in absentia order leads to arrest by ICE. This amount is subject to annual inflation adjustments.
• The order remains on your immigration record permanently unless it is successfully reopened and rescinded.

Why Are So Many People Missing Hearings?

The number of in absentia removal orders has surged. Nationally, removal orders for missed hearings jumped from roughly 8,540 in 2021 to over 310,000 in 2025.

The main drivers: fear of ICE arrests near courthouses (which have been documented in multiple jurisdictions), inadequate notice when the government sends hearing notices to old addresses, confusion caused by chaotic court scheduling, and lack of legal representation.

How to Check Your Immigration Court Hearing Date

If you are in removal proceedings, you should regularly check the status of your case. There are two ways to do this:

• Online: Visit the EOIR Automated Case Information System at acis.eoir.justice.gov and enter your A-number (alien registration number).
• By phone: Call the EOIR automated hotline at 1-800-898-7180. Press 1 for English or 2 for Spanish. Enter your A-number when prompted.

Check both the website and the phone system, as they sometimes provide different information. Immigration courts reschedule hearings frequently, so checking regularly is essential.

If you are in the San Francisco Immigration Court’s jurisdiction (which covers San Jose area cases), hearings are held at 630 Sansome Street, 4th Floor, Room 475, San Francisco, CA 94111. Other Bay Area cases are held at the Concord or Sacramento Immigration Courts.

What to Do Immediately After Missing a Hearing

If you missed your hearing, take these steps right away:

1. Check whether an in absentia order was issued. Use the EOIR automated system (online or by phone) to check your case status. If an order has been entered, it will show in the system.

2. Contact an immigration attorney immediately. Time is critical. Certain legal options have strict deadlines, and the sooner you act, the more options you have.

3. Do not leave the country. Departing the United States with an outstanding removal order triggers bars on future reentry and eliminates many avenues for legal relief.

4. Gather evidence of why you missed the hearing. Whatever the reason, start documenting it now: medical records, proof of address change, transportation records, or anything else that explains your absence.

How to Reopen Your Case After an In Absentia Order

There are two primary grounds for filing a Motion to Reopen an in absentia removal order:

1. Lack of Notice

If you did not receive the hearing notice (the Notice to Appear or a subsequent notice of hearing), you can file a Motion to Reopen at any time. There is no filing fee and no deadline for this type of motion.

To succeed, you need to demonstrate that you did not actually receive the notice. This can include evidence of address changes, proof the notice was sent to the wrong address, or evidence of ineffective assistance of counsel.

The Supreme Court’s 2024 decision in Campos-Chaves made these cases harder, holding that even if the original Notice to Appear was defective, a subsequent notice of hearing with correct information can satisfy the notice requirement.

2. Exceptional Circumstances

If you received notice but missed the hearing due to exceptional circumstances, you can file a Motion to Reopen within 180 days of the date of your removal order.

Exceptional circumstances are defined under the law as circumstances beyond your control, such as:

• serious illness
• death of a close family member
• severe weather
• being a victim of battery or extreme cruelty

The filing fee for a Motion to Reopen based on exceptional circumstances is currently $1,045 (2026 figure). Fee waivers are available through Form EOIR-26A, though a 2025 BIA decision (Matter of Garcia Martinez) made waivers harder to obtain for individuals with private attorneys.

What Happens When You File a Motion to Reopen

When you file either type of Motion to Reopen, an automatic stay of removal goes into effect.

This means you cannot be removed from the country while the motion is pending before the immigration judge.

If the judge grants the motion, your removal proceedings are reopened, a new hearing is scheduled, and you have the opportunity to present your case and apply for any relief for which you qualify.

Do Not Ignore the Problem

The worst thing you can do after missing a hearing is nothing. An outstanding in absentia removal order does not go away on its own. It sits on your record, and if ICE encounters you at any point, through a traffic stop, a workplace raid, a routine check-in, or any interaction with law enforcement, that order can be executed immediately.

The immigration system moves fast when it wants to and impossibly slow when it does not. Missing a hearing accelerates everything in the worst direction. But if you act quickly and with proper legal guidance, reopening your case is possible.

If you missed an immigration court hearing in San Jose or anywhere in the San Francisco, Concord of Sacramento Immigration Courts’ jurisdictions, consult with an immigration attorney as soon as possible. The timeline for your legal options may be shorter than you think.

This article is for informational purposes only and does not constitute legal advice. Immigration law changes frequently, and individual circumstances vary. If you need legal guidance, consult with a qualified immigration attorney. Nothing in this post creates an attorney-client relationship.