4.17 - In Absentia Hearing

(a) In General - 

Any delay in the respondent’s appearance at a master calendar or individual calendar hearing may result in the respondent being ordered removed “in absentia” (in the respondent’s absence).  See 8 C.F.R. § 1003.26(c).  See also Chapter 4.8 (Attendance). There is no appeal from a removal order issued in absentia.  However, parties may file a motion to reopen to rescind an in absentia removal order.  See Chapter 5.9 (Motions to Reopen In Absentia Orders).

(b) Deportation and Exclusion Proceedings - 

Parties should note that in absentia orders in deportation and exclusion proceedings are governed by different standards than in absentia orders in removal proceedings.  For the provisions governing in absentia orders in deportation and exclusion proceedings, see 8 C.F.R. § 1003.26.  See also Chapter 7 (Other Proceedings before Immigration Judges).