Comprehensive Overview of Immigration Law (COIL) Practice Exam

If Harriet fails to appear for her scheduled hearing, what is the likely outcome?

1. The charges against her will be dismissed

2. She will be given a new hearing date automatically

3. She may be ordered removed in absentia

4. Her removal proceedings will be put on hold

The correct answer is: She may be ordered removed in absentia

When an individual in immigration proceedings fails to appear for their scheduled hearing, one of the potential outcomes is that they may be ordered removed in absentia. This means that the immigration court can proceed with the case without the individual's presence and ultimately make a decision regarding their removal based on the evidence and arguments presented by the government. In immigration law, failing to attend a scheduled hearing is taken very seriously, and the court typically interprets this absence as a lack of interest in defending against the charges. If a person does not show up, the judge may issue an order of removal as if the individual had been present. This emphasizes the importance of attending all scheduled hearings, as the consequences of absence can be significant and result in a final decision without the individual's input. Other options, such as dismissal of charges or an automatic new hearing date, do not align with standard procedures in immigration court when a respondent fails to appear. Removal proceedings are not automatically put on hold in such situations, as the court often moves forward with available evidence. Thus, being ordered removed in absentia is the most likely and serious consequence of failing to appear.