Copyright Farhad Sethna, Attorney, 2026
I have had a couple of recent cases come to me of people who are representing themselves in immigration court. These are very sad stories. These individuals never filed a change of address with the immigration court. The immigration court issued notices of hearings, mails them to the last address in record, and when the respondent never showed up for the scheduled hearing, the immigration court then quick issues a notice of removal in absentia. This means that the alien was ordered deported because they did not go to the hearing.
Don’t let this happen to you!
Many aliens think that simply by reporting to ICE or by giving ICE their new address, that they have made a change of address. Likewise, many aliens think that simply by filing a change of address with USCIS, they have complied with the court requirement and have changed their address with the immigration court as well.
Do not be confused! The US government has played this dirty trick on aliens for decades and continues to play this dirty trick. Filing with one agency does not automatically change your address with another agency, even within the same branch of government. For example, simply because you file a change of address with ICE does not mean your change of address is updated with USCIS. Simply because you change your current address at ICE does not mean that your address is passed on to the immigration court.
The reason: supposedly you, the alien, have to file the address change yourself in as many places as necessary. The burden is on you.
So do not be confused by your notice of removal in absentia. You received it because you never filed your notice of change of address with the immigration court. That is something that is very important and it is also very simple: all you have to do is file form EOIR-33C with the immigration court and send a copy to ICE. I strongly recommend keeping a copy for yourself and enclose a copy for the court to timestamp and return to you, along with a self-addressed envelope with your name and correct address on the front, and the necessary postage to return the copy to you.
If you fail to do this, the immigration court can and will issue notices to your address on file. If you fail to appear for any hearing, you will be ordered deported in your absence, and then you are in even bigger trouble. The Board of Immigration Appeals (BIA) made this very clear in Matter of DIJI, 30 I&N Dec. 1 (2026). So, please take this advice and pass it on to your friends: file your change of address with all the US government agencies as necessary. These can include ICE, immigration court, USCIS, and the BIA, as well as any other agency you have interacted with.
© Farhad Sethna, Attorney, 2026
Farhad Sethna has practiced law for over 30 years. He was awarded his JD in 1990 and his MBA in 1991, both from the University of Akron. Since 1996, he has also been an adjunct professor of Immigration Law at the University of Akron, School of Law, in Akron, Ohio, where he wrote and continues to use his own immigration textbook. Attorney Sethna is a frequent speaker at Continuing Legal Education and professional development seminars on various immigration-related topics. His practice is limited to immigration and small business. He has won awards for excellence in teaching and for pro-bono service. With offices in Cuyahoga Falls, Ohio, Attorney Sethna represents clients in all types of immigration cases before federal agencies and the immigration courts nationwide. A private pilot, it is Farhad’s goal to fly to each of Ohio’s 88 county airports. Our number is: (330) 384-8000. Please send your general immigration questions to farhad@sethnalaw.com. We will try to answer as many questions as possible.