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E.A.C.A. v. Rosen

Facts

E.A. C.A., a native of El Salvador, entered the U.S. unlawfully as an unaccompanied minor in November 2016. After being released to her mother in New York, the family moved to Arkansas, where E.A. filed a motion to change the venue of her immigration hearing. E.A. failed to appear at her scheduled hearing in June 2018, resulting in an in absentia removal order. E.A. later filed a motion to reopen her case, citing exceptional circumstances that prevented her from attending the hearing, including her mother's recent childbirth and difficulties in securing legal representation.

E.A. is a native and citizen of El Salvador. In November 2016, when E.A. was twelve years old, she unlawfully entered the United States as an unaccompanied minor. The Office of Refugee Resettlement ('ORR') released E.A. to her mother, who resided in New York. E.A. failed to appear at a June 6, 2018 hearing and was ordered removed in absentia.

Issue

Did the BIA abuse its discretion in denying E.A.'s motion to reopen her in absentia removal order by failing to recognize exceptional circumstances that justified her failure to appear?

Rule

An IJ may rescind an in absentia removal order if the alien demonstrates that the failure to appear was due to exceptional circumstances beyond their control, as defined by 8 U.S.C. 1229a(b)(5)(C)(i).

An IJ may rescind an order of removal entered in absentia in limited circumstances. In E.A.'s case, an order of removal entered in absentia may be rescinded 'upon a motion to reopen filed within 180 days after the date of the order of removal if the alien demonstrates that the failure to appear was because of exceptional circumstances.' 8 U.S.C. 1229a(b)(5)(C)(i).

Analysis

The court determined that the BIA abused its discretion by not recognizing the totality of the circumstances surrounding E.A.'s failure to appear. The court highlighted that E.A.'s young age, her mother's recent childbirth, and the lack of legal representation were significant factors that contributed to her inability to attend the hearing. The BIA's dismissal of these factors as insufficient was deemed arbitrary and not in line with the statutory definition of exceptional circumstances.

The BIA abused its discretion by finding that E.A. did not establish exceptional circumstances justifying her failure to appear at her immigration hearing. Based on the totality of the circumstances, including E.A.'s mother's recent childbirth, E.A.'s young age, E.A.'s mother's failed attempts to obtain counsel to help change the address of E.A.'s hearing, and E.A.'s inability to travel from New York to Memphis for the hearing, we hold that E.A. established exceptional circumstances.

Conclusion

The court granted E.A.'s petition for review, vacated the removal order, and remanded the case for further proceedings, concluding that E.A. had established exceptional circumstances.

Because the BIA abused its discretion in concluding that E.A. had not established that exceptional circumstances justified her failure to appear, we GRANT the petition for review, VACATE the removal order, and REMAND for further proceedings consistent with this opinion.

Who won?

E.A. C.A. prevailed in the case because the court found that the BIA had abused its discretion in denying her motion to reopen based on the totality of the circumstances.

E.A. prevailed in the case because the court found that the BIA had abused its discretion in denying her motion to reopen based on the totality of the circumstances.

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