Laoura Ivanovna TEDEEVA, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent

ORDER

Respondent’s request for publication is granted. The Memorandum Disposition filed May 28, 1996, is redesignated, with modifications, as an authored Opinion by Judge BEEZER.

OPINION

We consider when notice of a deportation hearing must be given in person to an alien before the alien can be deported in absentia.

Laoura Tedeeva (“Petitioner”) was ordered deported in absentia when she failed to appear for a hearing. Petitioner contends that the Immigration and Naturalization Service (“INS”) did not give her notice of the hearing “in person” or establish by “clear, unequivocal, and convincing evidence” that personal service was not practicable.

We have jurisdiction pursuant to 8 U.S.C. § 1105a, and we deny the petition for review.

I

Petitioner is a native of Russia who arrived for a visit in the United States on September 4, 1992. On January 31, 1994, the INS denied Petitioner’s application for asylum and issued an order to show cause initiating deportation proceedings against her. The order advised Petitioner that she would be notified later of the time and place of her deportation proceeding.

On March 22,1994, the Office of the Immigration Judge sent Petitioner a notice…