Immigrants who entered the United States with CBP One face deportation orders: What mistake did they make? - CiberCuba
Key Takeaways
- It has been reported that some migrants who entered the U.S. via CBP One are receiving in absentia removal orders after missing immigration court hearings.
- The alleged “mistake”: failing to update their address with the immigration court (EOIR) using Form EOIR-33 and not monitoring their case for newly scheduled hearings.
- CBP One is a scheduling app, not a legal status; most entrants are placed into removal proceedings and must appear in court and pursue relief such as asylum.
- Those ordered removed in absentia may seek to reopen if they lacked proper notice (no time limit) or within 180 days for “exceptional circumstances.”
- Experts advise checking EOIR’s case hotline/portal regularly, updating addresses with both EOIR and USCIS, and obtaining legal counsel promptly.
Reported trend affecting CBP One arrivals
A Spanish-language report from CiberCuba says some migrants who entered the United States using CBP One—U.S. Customs and Border Protection’s mobile app to request a port-of-entry appointment—are now confronting deportation orders. It has been reported that many of these orders were issued in absentia, meaning the immigration judge ordered removal when the person did not appear at a scheduled hearing. While details vary case by case, the pattern allegedly involves people who believed their initial paperwork would be updated later or that they would be contacted directly, only to miss a hearing set after the government filed their Notice to Appear (NTA).
The critical error: address and notice pitfalls
Under U.S. law, noncitizens in removal proceedings must keep the immigration court—EOIR (Executive Office for Immigration Review)—informed of their current address within five days of moving, typically via Form EOIR-33. Separately, USCIS (U.S. Citizenship and Immigration Services) requires an AR-11 address update for applications it handles. Confusing these two systems or failing to file one of them can mean hearing notices are mailed to an old address. Once DHS (Department of Homeland Security) files the NTA with EOIR, a hearing can be scheduled quickly or months later; if the notice goes to the wrong place and the person misses court, the judge can issue an in absentia order under INA § 240. CBP One itself does not confer lawful status—entrants are generally released and placed into proceedings and must appear in court and, if eligible, apply for relief such as asylum within one year of last entry.
What someone should do now
People who entered via CBP One should monitor their case status regularly through EOIR’s Automated Case Information line or online portal, keep all addresses current with both EOIR (Form EOIR-33) and USCIS (AR-11), and attend all hearings. If a removal order has already been issued in absentia, the law allows a motion to reopen at any time for lack of proper notice, or within 180 days for “exceptional circumstances” such as serious illness. Given shifting court venues and the massive EOIR backlog—now exceeding three million cases—legal representation can be critical to navigate filings, biometrics, venue changes, and deadlines.
Context and human impact
For many families, the consequences are immediate: loss of work authorization eligibility tied to an asylum filing, fear of enforcement, and disrupted schooling or medical care. The CBP One pathway was designed to create an orderly arrival process at ports, but it does not simplify what follows—formal removal proceedings before an immigration judge. With mail delays, frequent moves to join sponsors, and language barriers, even a small paperwork lapse can lead to a life-altering order. The bottom line: treat every document, address change, and court date as urgent, and seek qualified legal help early.
Source: Original Article