United States Ninth Circuit

Petition for review of the Board of Immigration Appeals' denial of petitioner's motion to reopen to rescind the in absentia removal order entered against her is denied where: 1) although petitioner's explanation regarding why she failed to appear for her IJ hearing was not inherently unbelievable or incredible, and the IJ and BIA erred in disregarding it; 2) even if true, petitioner's explanation did not constitute the requisite exceptional circumstances sufficient to grant a motion to reopen; and 3) as a matter of first impression, a car's mechanical failure does not alone compel granting a motion to reopen based on exceptional circumstances.

Appellate Information

• Published 2016/05/27

Judges

• SMITH

Court

• United States Ninth Circuit

Counsel