It’s looking less likely that Roman Polanski will ever enter the U.S., at least as a free man.

A Los Angeles judge on Thursday dismissed a bid to throw out a 31-year-old conviction against the director for having sex with a 13-year-old because Polanski refused to appear in court for a hearing on the matter.

New evidence in the docu “Roman Polanski: Wanted and Desired” revealed misconduct by a judge, who has since died, during the trial against the director in 1977.

In February, Superior Court Judge Peter Espinoza agreed the new facts suggested misconduct did, indeed, take place, but said he could not throw out the conviction without Polanski’s presence in his courtroom.

Yet Polanski opted not to appear because he is considered a fugitive for fleeing to France shortly after his conviction and risks being arrested should he step onto U.S. soil.

The judge made his prior decision official without Polanski or his lawyers present.

Polanski’s lawyer is now turning to an appeals court to review the case.