What Is a Deportation Order in Absentia?
A deportation order in absentia is issued when a person does not appear at their scheduled immigration court hearing. These orders are serious, but in many cases they can be reopened or challenged. Time matters.
Reviewed by Gracie Johnson, Certified Specialist in Immigration and Nationality Law, State Bar of California, California State Bar #276536
Last reviewed: July 2, 2026
If you received a Notice to Appear (NTA) in the mail and did not go to your hearing, the immigration judge likely entered an in absentia order of removal against you. This means you have been ordered deported even though you were not present.
An in absentia removal order can have severe consequences: you can be deported at any time, you may be ineligible for certain immigration benefits for 10 years, and re-entering the US after deportation is a federal crime.
However, these orders can sometimes be challenged. A motion to reopen can be filed if you can show that you did not receive proper notice of the hearing, or that your failure to appear was due to exceptional circumstances beyond your control (such as a serious illness or a family emergency).
Motions to reopen must generally be filed within 180 days of the removal order if based on exceptional circumstances, or at any time if based on lack of notice. Do not wait. Contact an immigration attorney as soon as you learn about the order.
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Also available in Spanish: ¿Qué es una Orden de Deportación en Ausencia?