Romani

Petitioners Sami Heshmat Romani, his wife Sally Khalil Ibrahim, and their daughter Sara Sami Romani, Coptic Christians from Egypt, claim past persecution by militant Muslim organizations on account of their religious beliefs. They appeal the BIA’s decision upholding the IJ’s order of deportation in absentia and denial of their motion to reopen. The Romanis, now acting pro se, argue that they were in the courthouse at the designated area on time, but that their failure to present themselves in the courtroom was due to confusion. Their lawyer was not there and the lawyer’s assistant, who arrived late, incorrectly informed them that they should not enter the courtroom because their case had already been decided. We have jurisdiction pursuant to 8 U.S.C. § 1105a(a) (1994), 1 and remand to the BIA for remand to the IJ so that the Romanis may present their case for asylum.

I.

The Romanis are natives and citizens of Egypt who entered the United States in 1994 as visitors. They applied for asylum on October 3, 1994, alleging that, as Coptic Christians, a religious minority in Egypt, they had suffered past persecution, including death threats, from militant Muslim organizations beyond…