Frehd Ahmad, Aka: Farhad Ahmad v. Richard K. Rogers, District Director, (Acting), Immigration and Naturalization Service

67 F.3d 305 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Frehd AHMAD, aka: Farhad Ahmad, Petitioner-Appellant, v. Richard K. ROGERS, District Director, (Acting), Immigration and Naturalization Service, Respondent-Appellee. No. 94-55803. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 12, 1995. Decided Sept. 27, 1995. 1 Before: BROWNING, PREGERSON, Circuit Judges, and TANNER, * District Judge. 2 MEMORANDUM ** 3 In his habeas corpus petition, Frehd Ahmad, a native of Afghanistan, challenges the Board of Immigration Appeals's denial of his motion to reopen his exclusion hearings. Ahmad contends that the Immigration Judge conducted an improper in absentia hearing after Ahmad did not appear on time for his scheduled hearing. The BIA affirmed the Immigration Judge's denial of his motion to reopen, and the district court dismissed his habeas corpus petition. We have jurisdiction under 8 U.S.C. Sec. 1291 , and we reverse. FACTS 4 Ahmad was born in…