Mendez-Lopez

MEMORANDUM **

Alfonso Mendez-Lopez appeals from the decision of the Board of Immigration Appeals (“BIA”), which affirmed the Immigration Judge’s denial of a motion to reopen his case. That motion asked for a rescission of an in absentia deportation order.

When his deportation hearing began, in January of 1996, Mendez-Lopez was not in the courtroom. A half hour after the hearing was scheduled, the Immigration Judge entered an in absentia order for Mendez-Lopez’s deportation under INA § 242B(c), 8 U.S.C. § 1252b(c). After the Immigration Judge entered the order, but before he left the bench, Mendez-Lopez arrived in the courtroom. The Immigration Judge then informed Mendez-Lopez that he could file a motion to reopen, but must do so within 180 days.

In March 2003, over seven years after the in absentia order, Mendez-Lopez filed a motion to reopen, arguing that exceptional circumstances excused his failure to appear at his deportation hearing and alleging that ineffective assistance of counsel excused the tardiness of his motion to reopen. The Immigration Judge denied the motion. Mendez-Lopez appealed to the BIA. The BIA dismissed the appeal, holding that Mendez-Lopez failed to…