In-absentia removal orders and hearing notices

Status: In effect now — Surge in in-absentia removal orders and hearing-notice problems (FY2026) (Operational trend — no single docket)

Immigration courts are issuing in-absentia removal orders — a deportation order a judge enters when a person does not appear for a scheduled hearing — at record rates in fiscal year 2026. National EOIR data reported in June 2026 showed an average of about 26,174 in-absentia orders per month, roughly 7,500 more per month than in 2024, while the number of immigration judges has fallen to 587 (down from 735 in 2024). Attorneys and former judges report hearing notices that arrive late, contain address or spelling errors, or move a hearing to an earlier date with little warning. An in-absentia order can be undone by filing a motion to reopen: a motion based on lack of proper notice can be filed at any time and automatically pauses removal while the immigration judge decides it.

Next step: EOIR updates its in-absentia and workload statistics each quarter; the next quarterly figures, covering the third quarter of fiscal year 2026, are expected in mid-2026. Individual cases can change at any time when an immigration judge grants a motion to reopen.

Verified against the primary source as of 2026-07-25 — status can change with a single court ruling. Official source.

What’s happening

Immigration courts are issuing in-absentia removal orders — a deportation order a judge enters when a person does not appear for a scheduled hearing — at record rates in fiscal year 2026. National EOIR data reported in June 2026 showed an average of about 26,174 in-absentia orders per month, roughly 7,500 more per month than in 2024, while the number of immigration judges has fallen to 587 (down from 735 in 2024). Attorneys and former judges report hearing notices that arrive late, contain address or spelling errors, or move a hearing to an earlier date with little warning. An in-absentia order can be undone by filing a motion to reopen: a motion based on lack of proper notice can be filed at any time and automatically pauses removal while the immigration judge decides it.

Who it affects

Anyone in removal proceedings before an EOIR immigration court who has a scheduled master calendar or individual hearing — especially people whose notice to appear (NTA) or hearing notice had an address error, arrived late, or was rescheduled to an earlier date. It also affects people who moved and did not update their address, because notices are mailed to the last address on file. Keeping your address current with the immigration court (Form EOIR-33) and with DHS (Form AR-11), and reading every notice you receive, are the main ways to avoid an in-absentia order. If one has already been entered, a motion to reopen based on lack of proper notice can be filed at any time, and filing it pauses removal while the judge decides. This page is general information, not legal advice.

How it got here

  1. Jan 31, 2024 The Board of Immigration Appeals decides Matter of Aguilar Hernandez, holding that DHS cannot use a Form I-261 to cure a notice to appear (NTA) that omits the hearing date and time. A defective notice remains a basis to reopen an in-absentia order, building on the Supreme Court's 2021 decision in Niz-Chavez v. Garland.
  2. Mar 19, 2026 San Francisco immigration court orders at least 800 people removed in absentia during hearings held March 17–19, 2026, as only a small share of those scheduled appeared. Attorneys attribute many of the absences to late or defective hearing notices and to hearings moved up with little warning.
  3. Jun 1, 2026 The Hartford, Connecticut immigration court has issued 2,858 removal orders from January 1 to June 1, 2026 — a record pace — with many cases closed in absentia.
  4. Jun 24, 2026 National EOIR data reported in the press show an average of about 26,174 in-absentia orders per month in 2026 — roughly 7,500 more per month than in 2024 — while the number of immigration judges has fallen to 587, down from 735 in 2024.

What to watch next

EOIR updates its in-absentia and workload statistics each quarter; the next quarterly figures, covering the third quarter of fiscal year 2026, are expected in mid-2026. Individual cases can change at any time when an immigration judge grants a motion to reopen.

Official sources

This page is general information about ongoing litigation, not legal advice. A case’s status can change with a single ruling, and outcomes can turn on facts specific to each person. For advice on a specific situation, consult a licensed immigration attorney or a DOJ-accredited representative.