United States Ninth Circuit

A petitioner who arrives late for his immigration hearing, but while the IJ is still in the courtroom, has not failed to appear for that hearing. Accordingly, he is not required to demonstrate exceptional circumstances in order to reopen proceedings. A petition for review of a decision denying petitioner's motion to reopen immigration proceedings after he was ordered removed in absentia is granted where: 1) petitioner arrived late to his immigration hearing due to his car's mechanical failure, but he was in the courtroom when the IJ was still on the bench, and thus, he did not fail to appear for the hearing; and 2) the IJ's failure to reopen or continue his case, even in the absence of exceptional circumstances, was an abuse of discretion.

Appellate Information

• Argued 11/06/2007
• Decided 02/14/2008
• Published 02/14/2008

Judges

• Before:  B. FLETCHER, STEPHEN REINHARDT, and PAMELA ANN RYMER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Evan L. Murri, Esq., Law Offices of Evan L. Murri, San Gabriel, CA, for the petitioner.


• For Appellees:
  
• Peter D. Keisler, Esq., Michelle Gordon Latour, Esq., P. Michael Truman, Esq., Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., for the respondent.