⚡️ZAPPED AGAIN: 4TH CIR. TELLS EOIR TARDY IS NOT ABSENT! — NDPA  Superstar 🌟 Helen Parsonage, Esquire, Comes Up Big For The Good Guys, Again! — Salomao v. Garland

 

https://www.ca4.uscourts.gov/opinions/201856.U.pdf

https://www.lexisnexis.com/LegalNewsRoom/immigration/b/insidenews/posts/ca4-on-in-absentia-order-tardy-does-not-mean-absent—salomao-v-garland

“This case arises out of an in absentia order against two Petitioners who allege to have arrived one hour and five minutes late to their individual hearing scheduled for several hours. Neither the immigration judge (“IJ”) nor the Board of Immigration Appeals (“BIA”) addressed this argument. For the reasons that follow, we find that the BIA abused its discretion when it made no mention of the alleged late arrival in its decision to dismiss the motion to reopen proceedings on appeal. Thus, we reverse and vacate the BIA’s order and remand for further proceedings consistent with this opinion. … We vacate and remand with instructions to the BIA to consider Petitioners’ motion to reopen. In doing so, the BIA should determine whether Petitioners arrived late, and if so, whether the surrounding circumstances show that this late arrival constitutes a failure to appear for the purposes of the statute’s preclusive effect.”

[Hats off to Helen Parsonage!]

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Daniel M. Kowalski

Editor-in-Chief

Bender’s Immigration Bulletin (LexisNexis)

cell/text/Signal (512) 826-0323

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Congrats, Helen! 

Anybody have a guess as to how many of these “bogus in absentias” are out there right now? Haste makes waste!

🇺🇸 Due Process Forever!

PWS

05-03-22