Key Takeaways
- Immigration courts are moving hearing dates earlier, sometimes with very little notice.
- Missing a hearing can result in an “in absentia” removal (deportation) order.
- Check your case status for free: EOIR hotline 1-800-898-7180 or acis.eoir.justice.gov.
- Keep your address current with the court (Form EOIR-33) and consult an attorney right away.
The immigration court system is undergoing significant changes across the country, and many immigrants are finding themselves caught in the middle of them. One of the most concerning developments is the growing use of what are commonly called “Mega Master Calendar Hearings” — large-scale court sessions in which immigration judges schedule, reschedule, or process dozens, and sometimes hundreds, of cases at once.
The problem: Although the stated goal is to reduce the enormous immigration court backlog, the reality is that many immigrants are receiving little or no notice that their hearing dates have been moved up. As a result, a growing number of people are missing their hearings and receiving in absentia removal orders — meaning they are ordered deported because they did not appear in court.
What Is a Mega Master Calendar Hearing?
A Master Calendar Hearing is usually the first hearing in an immigration case. It is generally brief and is used to address preliminary matters, confirm the allegations in the Notice to Appear, identify forms of immigration relief that may be available, and schedule future hearings.
In recent months, immigration courts in different parts of the country have begun consolidating large numbers of cases onto mass court calendars. These “Mega Master Calendar Hearings” aim to move cases through the system more quickly and address years of accumulated backlog.
Unfortunately, the speed and volume at which cases are being processed have created significant problems for many immigrants and their families.
Court Dates Are Being Moved Up With Little Notice
Historically, immigration court hearings were scheduled months or even years in advance. Attorneys and their clients could generally rely on those dates remaining unchanged unless the court issued a formal notice.
Today, however, many immigrants are discovering that their hearings have been moved to an earlier date. In some cases, notices are mailed just a few weeks before the new hearing. In others, immigrants say they never received any notice at all.
Several factors contribute to this problem:
- Immigrants may have moved and not updated their address with the court.
- Notices may be delayed or lost in the mail.
- Court records may contain outdated information.
- Language barriers may prevent people from understanding the importance of a notice.
- Some immigrants have no legal representation and may not know how to check the status of their cases.
Regardless of the reason, the consequences can be serious.
The Danger of an In Absentia Removal Order
When an immigrant fails to appear at a scheduled hearing, the immigration judge will typically issue what is known as an in absentia removal order.
An in absentia order is essentially a deportation order issued because the person did not appear in court.
Many immigrants are surprised to learn that they have been ordered removed. Some find out about the order only after being detained by Immigration and Customs Enforcement (ICE), when applying for an immigration benefit, or when trying to resolve their situation years later.
An in absentia removal order can carry serious consequences, including:
- Immediate exposure to deportation.
- Loss of certain immigration benefits.
- Difficulty reopening the case.
- Increased risk of ICE enforcement action.
- Possible bars to obtaining immigration relief in the future.
While some in absentia orders can be challenged or reopened, doing so generally requires legal action and strict compliance with procedural rules.
What Can Immigrants Do to Protect Themselves?
Given the current environment, immigrants with pending immigration court cases must be more proactive than ever.
First, it is essential to make sure the immigration court always has a current mailing address. Federal law requires noncitizens in removal proceedings to notify the court of any change of address.
Second, immigrants should regularly check the status of their cases. Hearing dates can change unexpectedly, and relying solely on mailed notices may not be enough.
Third, individuals should stay in constant communication with their attorney. An experienced immigration attorney can spot scheduling changes before the hearing date arrives and advise clients of their obligations.
Finally, anyone who discovers they missed a hearing should seek legal advice immediately. In certain circumstances, it may be possible to file a motion to reopen the case due to lack of notice or exceptional circumstances. However, waiting too long can make the situation significantly more difficult.
Resources to check and protect your case
- Check your hearing date for free: call the EOIR automated hotline at 1-800-898-7180 (available 24/7) or check online, in English and Spanish, at acis.eoir.justice.gov. You will need your “A” number (alien number).
- Update your address: if you move, file Form EOIR-33/IC with the court within 5 days of your change of address.
Our Perspective as Immigration Attorneys
Everyone in immigration court deserves a meaningful opportunity to present their case. While efforts to reduce the court backlog are understandable, speeding up hearings without ensuring that immigrants receive adequate notice undermines basic principles of due process.
The consequences of missing a hearing are simply too severe. A person who never received notice should not lose the opportunity to apply for lawful immigration relief because a letter was delayed, lost, or sent to an old address.
As immigration courts continue to implement new scheduling practices, immigrants must remain vigilant. Regularly checking court dates and staying in contact with qualified immigration attorneys can make the difference between preserving the chance to remain in the United States and receiving a deportation order.
If you have a case pending before an immigration court and are unsure of your next hearing date, it is important to check your case status as soon as possible. Taking action today could prevent a devastating in absentia removal order tomorrow.
Frequently Asked Questions
What is a mega master calendar hearing?
It is a large-scale court session in which an immigration judge schedules or processes dozens or hundreds of cases at once, in order to reduce the immigration court backlog.
What happens if I miss my immigration hearing?
If you fail to appear, the judge will typically issue an “in absentia” removal (deportation) order, which orders your removal for not showing up. In some cases you may ask to reopen the case.
How can I check my immigration hearing date?
Call the EOIR automated hotline for free at 1-800-898-7180 (24/7) or check online at acis.eoir.justice.gov with your “A” number (alien number).
Can I reopen a case with an in absentia removal order?
Sometimes yes. A motion to reopen may be filed for lack of notice or exceptional circumstances, but there are strict deadlines, so it is best to act immediately and consult an attorney.
