corte de inmigración Archives - Miami Immigration Lawyer - Attorney Martha L. Arias, Esq.

Missed Immigration Court After Bad Advice?

Martha Arias — Mon, 28 Sep 2026 13:04:21 +0000

Missed Immigration Court? New BIA Decision Explains the Risk

A new Board of Immigration Appeals (BIA) decision highlights the serious risk of relying on unauthorized immigration advice.

Missing an Immigration Court hearing can have serious consequences. And a new precedent decision shows that saying someone else told you not to attend may not necessarily undo the damage afterward.

In Matter of K-K-U-J-, 30 I&N Dec. 81 (BIA 2026), a man said he hired someone to help with his immigration case and was told he did not need to appear at his scheduled court hearing. He stayed home.

The Immigration Judge ordered him removed in absentia, meaning the removal order was entered while he was absent.

The Board of Immigration Appeals ultimately declined to reopen the case based on the circumstances presented. The Attorney General designated the decision as precedent on September 18, 2026.

Read the official BIA decision: Matter of K-K-U-J-

Why This Matters

The decision does not mean that every person who misses Immigration Court because of bad advice has no options.

There are circumstances in which an in absentia removal order may be challenged or reopened. The reason the hearing was missed, whether proper notice was received, applicable deadlines, and other facts can all matter.

But the new decision sends an important practical message:

Do not assume that bad advice from an unauthorized person will automatically protect you from the consequences of missing Immigration Court.

EOIR warns that even failing to appear on time can result in an Immigration Judge entering an order of removal in your absence.

Official EOIR guidance on in absentia hearings

Be Careful Who Gives You Immigration Advice

Immigration paperwork can be complicated, and people sometimes turn to immigration consultants, document preparers, friends, or people commonly referred to as “notarios.”

That can become dangerous when the person starts giving legal advice.

The Department of Justice specifically warns that notarios, immigration consultants, visa consultants, and document preparers are not authorized to represent people in Immigration Court simply because they provide immigration-related services.

DOJ: Who Can Represent You Before Immigration Court?

If someone tells you that:

you do not need to attend your Immigration Court hearing;
your hearing has been canceled;
the court date has changed;
a continuance was granted; or
something was filed with the court on your behalf,

verify it. Do not rely only on what someone tells you.

Check Your Immigration Court Case

EOIR provides an official Automated Case Information System that allows many people in Immigration Court proceedings to check case information using their A-Number.

Check your case through EOIR’s official Automated Case Information System

EOIR notes that the online system may not contain every piece of information about every case. When necessary, the Immigration Court handling the case should be contacted directly.

What If You Already Missed Court?

Do not simply assume that nothing can be done.

Immigration law provides procedures for asking an Immigration Judge to reopen certain in absentia removal orders, but the available grounds and deadlines depend on why the person failed to appear and the particular history of the case.

Official EOIR information about motions to reopen in absentia orders

If you discover that you missed a hearing or that an Immigration Judge may have entered a removal order while you were absent, determining exactly what happened should be a priority.

The Important Lesson

Immigration Court is not the place to rely on assumptions or secondhand information.

If you receive a hearing notice, keep it. Verify your court date. Keep your address current with the appropriate immigration authorities. And be careful about who you allow to give you legal advice about your case.

LEGAL DISCLAIMER: This article is for general informational purposes only and does not constitute legal advice. Whether an immigration case can be reopened depends on the individual facts, procedural history, applicable law, and filing deadlines. No particular result can be guaranteed.

Martha L. Arias, Esq.
Immigration Law Attorney

Experienced Immigration Law Attorney

Arias Villa, PLLC represents individuals in Immigration Court and removal proceedings and can review the circumstances of a missed hearing or in absentia removal order. For professional and dedicated immigration legal services, reach out to my office at Arias Villa, PLLC in Miami, FL or schedule your consultation today.

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Immigration Changes Discussed on TVV International with Jessica Morales

Martha Arias — Mon, 24 Aug 2026 15:40:43 +0000

On Friday, I joined Jessica Morales on TVV International to discuss several important developments in U.S. immigration law, including the new public-charge rule taking effect September 18, changes to Form I-485 and Form I-765, recent developments involving advance parole, and changes affecting asylum proceedings.

FOLLOW ME ON SOCIAL MEDIA

With immigration policies and procedures continuing to change, it is especially important to verify the current requirements before submitting an application or making decisions about international travel.

My sincere thanks to Jessica Morales and the team at TVV International for the opportunity to help keep our community informed.

DISCLAIMER: This information is provided for general educational purposes and does not constitute legal advice.

Martha L. Arias, Esq.
Immigration Law Attorney

Experienced Immigration Law Attorney

For professional and dedicated immigration legal services, reach out to our immigration attorney Martha Arias and her team at Arias Villa, PLLC. Schedule your consultation today and let us help you achieve your immigration goals.

CALL NOW

BOOK AN APPOINTMENT

The post Immigration Changes Discussed on TVV International with Jessica Morales appeared first on Miami Immigration Lawyer - Attorney Martha L. Arias, Esq..

ICE Enforcement, Pending Asylum and CBP Home

Martha Arias — Mon, 10 Aug 2026 21:35:40 +0000

In my recent interview with Orián Brito, we discussed some of the immigration questions I am hearing more frequently: increased ICE enforcement, pending asylum cases, immigration court proceedings, and whether someone should consider leaving the United States through CBP Home.

We began by discussing ICE’s expanding use of body-worn cameras. ICE has stated that it expects every officer and agent in the field to be equipped with a body-worn camera by the end of August 2026.

But for immigrants and their families, the larger concern is often much more personal: What happens if I already have a case pending?

WATCH IT ON YOUTUBE

WATCH IT ON SPOTIFY

FOLLOW ME ON SOCIAL MEDIA

A Pending Asylum Case Requires Careful Attention

A significant change took effect on July 28, 2026. DHS now permits USCIS, in certain affirmative asylum cases, to refer an application directly to immigration court without first conducting an asylum interview.

This can apply to some pending cases as well as new applications. USCIS may make the referral based on the application, supporting evidence, and other information in the record.

This does not mean that every pending asylum applicant will automatically be sent to immigration court. It does mean that people with pending asylum cases should understand the strength, history, and procedural position of their own application rather than assuming that the normal process will remain unchanged.

What Is a Motion to Pretermit?

We also discussed Motions to Pretermit, which DHS may raise in immigration court.

In Matter of H-A-A-V-, the Board of Immigration Appeals held that an immigration judge may pretermit an asylum or related protection application without a full evidentiary hearing when there are no material factual disputes and, even taking the applicant’s allegations in the most favorable light, those allegations do not establish basic eligibility for the relief requested.

In simpler terms, some cases may face an earlier legal challenge before reaching a full asylum hearing.

That makes preparation increasingly important.

Thinking About Leaving Through CBP Home?

Another viewer asked about CBP Home, which DHS currently uses to facilitate voluntary self-departure from the United States.

Before making that decision, however, I strongly recommend understanding what departure could mean for your individual immigration history.

Leaving the United States can have immigration consequences. For example, depending on the circumstances, accumulated unlawful presence followed by departure can trigger three-year or ten-year inadmissibility bars.

CBP Home therefore should not be viewed as a substitute for reviewing your particular situation before leaving.

Know Your Own Case

The most important message from my conversation with Orián is simple: immigration cases that appear similar can have very different consequences.

If you have a pending asylum application, immigration court proceedings, a prior immigration order, or questions about departing the United States, take the time to understand your own record before making an important decision.

Thank you to Orián Brito for continuing to bring the community’s questions into these conversations.

Martha L. Arias, Esq.
Immigration Law Attorney

Experienced Immigration Law Attorney

For professional and dedicated immigration legal services, reach out to immigration attorney Martha Arias at (305) 671-0018 or schedule your consultation today. Let us help you achieve your immigration goals.

CALL NOW

BOOK AN APPOINTMENT

Disclaimer:
This article is provided for general educational and informational purposes only and does not constitute legal advice. Every immigration matter depends on its individual facts and circumstances.

The post ICE Enforcement, Pending Asylum and CBP Home appeared first on Miami Immigration Lawyer - Attorney Martha L. Arias, Esq..