De Morales v. Immigration & Naturalization Service
Court of Appeals for the Fifth Circuit
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…
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