Smith v. Immigration & Naturalization Service

MEMORANDUM *

Stuart Shane Smith appeals an order by the Board of Immigration Appeals (BIA) upholding the Immigration Judge’s (IJ) denial of his motion to reopen deportation proceedings conducted in absentia.

Smith contends that his motion to reopen should have been granted because he never received the notice informing him of his October 2, 1990, deportation hearing. We review for abuse of discretion the denial of a motion to reopen. See Sharma v. INS, 89 F.3d 545, 547 (9th Cir.1996).

A deportation hearing can be held in absentia if the alien is first given an opportunity to be present and without reasonable cause fails or refuses to attend the proceeding. See INA § 242(b)(1), 8 U.S.C. § 1252 (b) (1990). 1 A motion to reopen an in absentia deportation proceeding shall be granted if the alien demonstrates reasonable cause for his absence from the hearing. See Urbina-Osejo v. INS, 124 F.3d 1314, 1316 (9th Cir.1997). We review de novo the BIA’s interpretation of “reasonable cause.” Urbina-Osejo, 124 F.3d at 1316 .

The INS was required to inform Smith that he must advise the INS of any change of address. See Lahmidi v. INS, 149 F.3d 1011, 1017 (9th Cir.1998) (citing Urbina-Osejo,…