Is Your Closed Immigration Court Case Reopened? What To Do If the Court Reschedules Your Administratively Closed Removal Hearing (2025 Guide)

By Richard T. Herman, Immigration Attorney – Herman Legal Group, Cleveland & Columbus OH

Introduction – The Quiet Return of “Closed” Deportation Cases

Thousands of immigrants who once believed their removal cases were over are now receiving new hearing notices from the Executive Office for Immigration Review (EOIR). Many of these individuals are unaware that their cases are being reopened, often after years of inactivity. This is part of a DHS policy shift to revive administratively closed cases, potentially affecting as many as 400,000 individuals nationwide. The government is actively working to bring thousands of previously closed immigration cases back to court, posing a risk of deportation.

These reopened cases reflect a 2025 EOIR / Department of Homeland Security (DHS) initiative to revive dormant dockets under the Project 2025 Immigration Enforcement Agenda.

Expert Insight – Richard T. Herman:

“A reopened case isn’t always deportation — but if you ignore a notice or fail to update your address, you risk a removal order and even ICE detention.”

1. What Is an Administratively Closed Immigration Case?

Administrative closure lets an immigration judge (IJ) pause a case without issuing a final order.

The authority is defined in the EOIR Policy Manual § 5.9 – Administrative Closure and reaffirmed in Matter of Cruz-Valdez, 28 I&N Dec. 326 (A.G. 2021), which restored IJs’ discretion after Matter of Castro-Tum, 27 I&N Dec. 271 (A.G. 2018).

By contrast, termination under 8 C.F.R. § 1239.2(c) ends proceedings permanently.

2. Why Are Courts Reopening Old Cases in 2025?

A 2025 EOIR directive ordered judges to review administratively closed cases for recalendaring under the Trump-Vance enforcement agenda. This policy shift by DHS aims to revive as many as 400,000 administratively closed cases nationwide. The Department of Homeland Security (DHS) is reviving these cases as part of a nationwide policy initiative. DHS’s decision to reopen old cases is seen as a move to address an unmanageable court backlog.

Timeline

• 2018 – Castro-Tum: ended closure power.
• 2021 – Cruz-Valdez: restored discretion.
• 2025 – EOIR Directive: mass docket reviews under Project 2025.

👉 See EOIR News & Policy Updates and DHS Press Releases for official notices.

3. How To Check Whether Your Case Was Reopened

Look for a new Notice of Hearing (NO H), Form I-830, an alert in the EOIR Electronic Case Access System (ECAS), or contact from your attorney. Many individuals with reopened cases may not receive timely notice of their new court dates due to outdated contact information. This lack of timely notice can significantly impact their ability to prepare for hearings. It is crucial to ensure that the court has your updated contact information to avoid missing critical notifications.

✅ Check your case status

• Online: EOIR Automated Case Information System
• Phone: 1-800-898-7180 (English/Spanish) → enter A-Number

4. If You Receive a Reopening or Rescheduling Notice

1. Verify the notice (EOIR seal & court address).
2. Confirm status via EOIR portal.
3. Contact your lawyer or file Form EOIR-28 for new counsel.
4. Request your Record of Proceedings through the EOIR FOIA Portal.
5. File motions under 8 C.F.R. § 1003.23 if needed.

4A. Stay Informed – Address Updates, Attorney Changes & Missed Notices

• Case Status: acis.eoir.justice.gov/en or 1-800-898-7180
• Update Address: Submit Form EOIR-33 within 5 days of moving; failure can trigger an INA § 240(b)(5) order.
• New Attorney: File EOIR-28.
• Missed Hearing: Judge may issue removal order in absentia; enforceable by ICE ERO.

5. Legal Options and Defenses

• Prosecutorial Discretion: Request closure under Mayorkas Memo (Sept 30 2021).
• Motion to Terminate: Invoke Pereira v. Sessions (2018) and Niz-Chavez v. Garland (2021).
• Renew Relief: Asylum, Cancellation of Removal (INA § 240A), or Adjustment of Status.
• Voluntary Departure: Under INA § 240B.

6. Master Calendar Hearing

At the Master Calendar Hearing the judge confirms identity and charges, sets deadlines, and warns of in absentia orders for no-shows. If a case is recalendared, individuals are placed back into active removal proceedings and must prepare for potential hearing dates.

7. Expert Insight

“Reopening terrifies families who’ve lived here for years — but quick legal action can turn a setback into a second chance.” — Richard T. Herman

Relief may include VAWA Protection, U Visas, or Cancellation for Non-LPRs.

8. Ohio Immigration Law Firms

9. The 2025 Reopening Wave

EOIR and ICE Office of the Principal Legal Advisor (OPLA) are re-calendaring hundreds of thousands of cases.
👉 See ICE ERO Reports and EOIR Policy Updates.

10. Frequently Asked Questions: Reopened Immigration Court Cases (2025)

Q1. How can I confirm if my immigration court case was reopened?

Visit the EOIR Automated Case Information System or call 1-800-898-7180.
If your record shows a “Scheduled” or “Pending” hearing, your case has been reactivated.
If it says “Closed”, the case is still inactive—but you should recheck weekly during 2025 as EOIR continues its docket reviews.

Q2. I never received a notice. How do I find out if the court rescheduled my hearing?

Check both the EOIR portal and hotline above, and contact your attorney.
If the court sent a notice to an old address and you didn’t update via Form EOIR-33, the judge can still issue an in absentia removal order under INA § 240(b)(5).
You can later file a motion to reopen showing lack of notice, but you’ll need proof of your current address (lease, utility bills, or USPS confirmation). It is vital to update your address with the immigration court after a case has been reopened to ensure you receive future notices.

Q3. What should I do immediately if I receive a hearing notice?

• Check accuracy of your name, A-Number, and court location.
• Confirm the hearing date/time on the EOIR Case Portal.
• Contact your attorney or retain one.
• File EOIR-28 – Notice of Entry of Appearance if you hire new counsel.
• Gather documents proving U.S. ties or eligibility for relief (family, employment, medical, etc.).

Q4. My previous attorney retired or moved. What happens now?

Until a new EOIR-28 is filed, the court still sends notices to the old attorney.
You must file a new EOIR-28 immediately to ensure proper communication and representation.
Keep copies and postal proof of submission.

Q5. What if I already moved and didn’t tell EOIR?

You must submit Form EOIR-33 – Change of Address within five days of moving.
If EOIR mailed your hearing notice to your previous address, you are still legally responsible unless you filed EOIR-33.
Failing to do so risks a removal order and an ICE arrest warrant.

Q6. What is an “in absentia” removal order?

Under INA § 240(b)(5), if you miss a scheduled hearing after receiving proper notice, the judge can issue an order without you present.
ICE may detain you at any time after that.
If you never received notice or were in serious emergency circumstances, you may file a motion to reopen.

Q7. How do I get a copy of my full immigration court file?

Submit a Freedom of Information Act (FOIA) request through EOIR’s portal.
Ask for your Record of Proceedings (ROP), which includes all filings, transcripts, and prior decisions.
Processing usually takes 2–4 months.

Q8. Can ICE detain me while my reopened case is pending?

Yes. If you have a prior removal order, criminal history, or pending ICE supervision, you can be detained under ICE Enforcement and Removal Operations (ERO) authority.
Consult your attorney about filing for bond or parole.

Q9. Can I request that my reopened case be closed again?

Sometimes. You or your attorney may file for prosecutorial discretion (PD) under the Mayorkas Memo (2021) or a motion for administrative closure citing Matter of Cruz-Valdez (2021).

Q10. What if I’m applying for a green card or waiver with USCIS?

If your case is now under EOIR jurisdiction, USCIS may pause your adjustment (Form I-485) or waiver (Form I-601A) until the immigration judge rules.
Your lawyer can file a motion to terminate proceedings so USCIS can continue adjudication.

Q11. I married a U.S. citizen after my case was closed—can that help me now?

Yes. A valid marriage to a U.S. citizen may make you eligible to adjust status.
Your lawyer can request termination of removal so you can complete the process through USCIS Adjustment of Status.

Q12. How do I know which immigration court has my case?

The notice lists the court’s name and address.
You can also look it up by A-Number using the EOIR portal.
To locate directions, see EOIR’s Immigration Court Directory.

Q13. What happens at the Master Calendar Hearing?

During the Master Calendar Hearing:

• The judge confirms your identity and charges.
• You can request time to find a lawyer.
• The court sets future deadlines.
  Always attend on time; missing it will result in a removal order.

Q14. What if I have Temporary Protected Status (TPS), DACA, or Parole?

You must still attend your EOIR hearing.
These statuses don’t automatically close removal proceedings, but they may provide defenses or eligibility for relief.
Verify details with USCIS TPS Guidance or DACA Information.

Q15. What if I’m currently abroad and didn’t know about the hearing?

If you departed under advance parole or without permission, you could face inadmissibility issues under INA § 212(a)(9).
Contact a lawyer immediately before re-entry or consular processing.

Q16. Can I appeal if the judge denies my motion or orders removal?

Yes. You have 30 days to appeal to the Board of Immigration Appeals (BIA).
If denied there, you can seek review in the appropriate U.S. Court of Appeals.

Q17. What’s the difference between “administrative closure” and “termination”?

• Administrative closure = case paused; can be reopened later.
• Termination = case ended; government must refile new charges to restart.
  Only termination fully removes you from court jurisdiction under 8 C.F.R. § 1239.2(c).

Q18. Can I apply for asylum again if my case reopens?

If you still fear persecution and your original asylum was denied or withdrawn, you may reapply if circumstances changed.
Submit an updated Form I-589 with new evidence before your next hearing.
See USCIS Asylum Guidance. Additionally, individuals may become eligible for a form of relief, such as a green card based on a family member, that was not previously available.

Q19. How long do reopened cases take to finish?

Timelines vary widely.
Master Calendar hearings may occur within 1–4 months, while individual hearings can take 6–24 months, depending on the court’s backlog and relief applications.

Q20. What’s the most important thing I can do right now?

• Check your status weekly on acis.eoir.justice.gov.
• Keep your address updated via EOIR-33.
• Contact an experienced lawyer like Herman Legal Group.
• Never ignore a hearing notice — even one you think was sent in error. Individuals facing immigration court proceedings are encouraged to seek legal counsel immediately after receiving any motions from DHS.

11. Key Takeaways

• Administrative closure ≠ termination.
• Always verify status through EOIR.
• File EOIR-33 within 5 days of moving.
• File EOIR-28 for new attorney.
• Missing hearing = ICE warrant risk.
• Seek help from Herman Legal Group.

12. Resource Directory (Verified Nov 2025)

13. Table of Authorities (Verified Nov 2025)

Federal Regulations

• 8 C.F.R. § 1239.2(c) – Authority to terminate proceedings.
• 8 C.F.R. § 1003.23 – Motions to reopen/reconsider.

INA Provisions

• INA § 240(a)–(c) / 8 U.S.C. § 1229a – Removal proceedings & in absentia orders.
• INA § 240A / 8 U.S.C. § 1229b – Cancellation of removal.
• INA § 240B / 8 U.S.C. § 1229c – Voluntary departure.

Attorney General & EOIR Decisions

• Matter of Castro-Tum, 27 I&N Dec. 271 (A.G. 2018).
• Matter of Cruz-Valdez, 28 I&N Dec. 326 (A.G. 2021).

Supreme Court Cases

• Pereira v. Sessions, 138 S. Ct. 2105 (2018).
• Niz-Chavez v. Garland, 141 S. Ct. 1474 (2021).

EOIR Policy & Guidance

• EOIR Policy Manual § 5.9 – Administrative closure.
• EOIR Policy Manual § 4.11 – Master Calendar hearings.
• EOIR FOIA Portal – Record requests.

DHS Guidance

• Mayorkas Memo (2021) – Prosecutorial discretion.

Forms & Procedures

• EOIR-33 – Change of address.
• EOIR-28 – Attorney appearance.
• I-862 – Notice to Appear.