Vikesh Datt SHARMA; Vijanti Devi Sharma, Petitioners, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent

We consider whether Petitioners are entitled to a rescission of deportation orders entered in absentia.

I

Petitioners are natives and citizens of Fiji who entered the United States without inspection. After the Immigration and Naturalization Service (“INS”) issued an order to show cause why Petitioners should not be deported, Petitioners appeared before an Immigration Judge (“IJ”) and conceded deport-ability. A December 5, 1994 hearing was set to consider Petitioners’ applications for asylum. Petitioners were informed, orally and in writing, that they would be deported if they did not appear for the hearing. The IJ specifically stated that he did not anticipate granting any continuances, and would pro- eeed in absentia if Petitioners did not appear.

Petitioners arrived at the deportation hearing between 45 minutes and 1 hour late due to traffic congestion and trouble finding parking. Pursuant to § 242B of the Immigration and Nationality Act, 8 U.S.C. § 1252b(c)(l), the IJ held the hearing in ab-sentia. The IJ found the Petitioners deport-able. He also found that Petitioners had abandoned any applications for relief from deportation, and ordered Petitioners deported to Fiji.…