Matter of Arana Castillo: What Happens When DHS Does Not Show Up to Your Immigration Hearing

Matter of Arana Castillo, 29 I&N Dec. 593 (BIA 2026)

By M. Ray Arvand, Esq. | The Law Office of M. Ray Arvand, P.C.

On April 23, 2026, the Acting Attorney General designated Matter of Arana Castillo, 29 I&N Dec. 593 (BIA 2026), as a binding precedent decision. If you are in removal proceedings — or know someone who is — this decision changes the rules in a way you need to understand before you set foot in an immigration courtroom.

What Happened in Matter of Arana Castillo

The case involved a respondent in removal proceedings whose master calendar hearing proceeded without a DHS attorney present. The Immigration Judge, finding that DHS had failed to appear, terminated the case. DHS appealed. The BIA reversed.

The result is now binding precedent on every Immigration Judge and every BIA panel in the country.

What the Decision Means — Five Things You Need to Know

1. A DHS no-show does not end your case.

When DHS fails to appear at a master calendar hearing, the Immigration Judge will no longer terminate the proceedings. The case moves forward regardless of whether the government has a lawyer in the room.

2. The judge must take your pleadings to the Notice to Appear.

Under 8 C.F.R. Section 1240.10, the Immigration Judge is required to take your pleadings — your formal responses to the charges against you — even when DHS counsel is absent. The hearing does not pause. The record is being built whether DHS is there or not.

3. If you admit the allegations and concede the charge, the judge can order you removed.

This is the most consequential part of this decision. If you admit to the factual allegations in the Notice to Appear and concede the charge of removability, the Immigration Judge has the authority to order you removed from the United States — even without DHS present to argue the government's case. The government does not need to be in the room for a removal order to issue.

4. If you deny the allegations or contest the charge, the judge must request DHS counsel and schedule further proceedings.

Contesting the charges is what triggers the procedural protection. If you deny the factual allegations or do not concede removability, the judge must bring DHS back into the case and schedule additional proceedings before the matter can be resolved.

5. What you say at the pleading stage defines the trajectory of your entire case.

The statements you make — or do not make — at your master calendar hearing are not preliminary or informal. They are part of the record. Under Arana Castillo, those statements can now result in a removal order even when the government fails to show up. There is no version of this proceeding where it is safe to appear unrepresented.

Important: Do not assume that a DHS no-show is good news. Under the prior practice, termination was a possible outcome. Under Arana Castillo, it is no longer on the table. The proceeding will continue, and your pleadings will count.

Why Legal Representation at the Pleading Stage Is Now More Critical Than Ever

Before this decision, a respondent appearing without counsel at a master calendar hearing where DHS also failed to appear might have walked out with a terminated case. That outcome is no longer available.

What you say when the judge asks whether you admit or deny the allegations in your Notice to Appear is not a formality. It is a legal position with direct consequences. Admitting allegations that could be contested, or conceding removability without understanding your options, can close off relief that would otherwise be available to you.

The pleading stage is where cases are won or lost before they ever reach a merits hearing. Arana Castillo makes that more true than it has ever been.

Attorney's Note: If you are in removal proceedings and have a master calendar hearing scheduled, do not walk into that courtroom without an attorney. The rules have changed. Preparation is not optional — it is the difference between a case that remains open and one that ends in a removal order before you have had the chance to present your defense.

The Bottom Line

Matter of Arana Castillo, 29 I&N Dec. 593 (BIA 2026), is a significant shift in how immigration courts must handle DHS no-shows. The termination option is gone. The pleading obligation remains. And a removal order can now issue without the government present — if you give the judge the basis to enter one.

Know your rights. Know the current rules. And know what you are walking into before you walk in.

ArvandLaw represents respondents in removal proceedings nationwide. If you have a hearing scheduled or have questions about how Matter of Arana Castillo affects your case, contact Ray Arvand directly.

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M. Ray Arvand, Esq. is an immigration attorney at The Law Office of M. Ray Arvand, P.C., representing clients in removal defense and immigration matters throughout Connecticut and nationwide.

Disclaimer: This article is for informational and educational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. If you are in removal proceedings, consult a qualified immigration attorney regarding your specific circumstances.