When can an immigration judge issue an order of removal in absentia?

• A. If the alien does not submit a defense
• B. If the alien voluntarily departs
• C. If the alien does not appear for his scheduled hearing
• D. If the alien is unrepresented by an attorney

Answer: (C)

An immigration judge can issue an order of removal in absentia when the alien does not appear for his scheduled hearing. This means that if the individual is required to be present at a hearing regarding their immigration status and fails to show up, the judge has the authority to proceed with the case in the individual's absence. This is a procedural aspect of immigration law that ensures that cases can continue to move forward, even if a respondent chooses not to participate. The focus here is on the importance of attending scheduled hearings in immigration proceedings, as failing to do so can result in significant consequences, including removal from the country.

The other options involve different scenarios that either do not pertain to the in absentia removal process or are conditions that do not trigger this specific procedural outcome. For instance, voluntary departure indicates that the alien chooses to leave, which is a different process altogether and does not result in an order of removal. Similarly, if an alien submits a defense, it implies their engagement in the process, negating the possibility of an in absentia order. Finally, being unrepresented by an attorney does not by itself lead to an in absentia order; rather, it's the absence from the hearing that is the determining factor.