Which entity issues an in absentia order?

• A. Immigration and Customs Enforcement
• B. Board of Immigration Appeals
• C. Immigration Judge
• D. Department of Homeland Security

Answer: (C)

An in absentia order is issued by an Immigration Judge. This type of order occurs when an individual fails to appear for a scheduled immigration hearing, and the judge decides to proceed with the case in their absence. The purpose of this order is to ensure that cases are not unduly delayed when a respondent does not attend their hearing. The judge evaluates the evidence presented by the other party, typically the government, and can grant or deny relief based on that evidence.

While other entities, such as the Board of Immigration Appeals or the Department of Homeland Security, have roles in immigration proceedings, they do not have the authority to issue an in absentia order. The Board of Immigration Appeals reviews decisions made by Immigration Judges but does so after the fact, and the Department of Homeland Security primarily enforces immigration laws rather than making adjudicative decisions about individual cases. Immigration and Customs Enforcement is involved in the enforcement of immigration laws but does not have the authority to make judicial decisions in immigration court. Thus, the role of issuing an in absentia order is specific to the Immigration Judge, reflecting their position as the decision-maker in individual immigration hearings.