Legal Opinion

De Morales v. Immigration & Naturalization Service

Court of Appeals for the Fifth Circuit

Decided June 26, 1997No. 96-60263PublishedCited by 29 opinions

1Opinion of the Court

BENAVIDES, Circuit Judge:

This appeal requires us to determine whether the Board of Immigration Appeals (“BIA”) abused its discretion by denying the petitioners’ motion to reopen deportation proceedings after an Immigration Judge (“IJ”) entered an in absentia order of deportation. We hold that the BIA correctly concluded that the petitioners’ failure to appear at their deportation hearing was not the result of exceptional circumstances. Therefore, the BIA’s denial of the petitioners’ motion to reopen is AFFIRMED and the subject petition for review is DENIED.

I

On June 23, 1993, the Immigration…

2Cases cited10 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Immigration & Naturalization Service v. Cardoza-FonsecaSupreme Court of the United States · 1987
  3. Immigration & Naturalization Service v. DohertySupreme Court of the United States · 1992
  4. Vikesh Datt SHARMA; Vijanti Devi Sharma, Petitioners, v. IMMIGRATION AND NATURALIZATION SERVICE, RespondentCourt of Appeals for the Ninth Circuit · 1996
  5. Carbajal-Gonzalez v. Immigration & Naturalization ServiceCourt of Appeals for the Fifth Circuit · 1996

5 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. Ranjit Singh v. Immigration and Naturalization ServicesCourt of Appeals for the Ninth Circuit · 2002
  2. Singh v. Immigration & Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2000
  3. Lara v. TrominskiCourt of Appeals for the Fifth Circuit · 2000
  4. Natalia Nazarova v. Immigration & Naturalization ServiceCourt of Appeals for the Seventh Circuit · 1999
  5. Panjwani v. GonzalesCourt of Appeals for the Fifth Circuit · 2005

24 more not listed; retrieve them via the Exa API.

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