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Keywords

hearingmotionhuman rightsasylumvisadeportation

hearingmotionhuman rightsdeportation

Related Cases

Kaweesa v. Gonzales

Facts

Kaweesa served as a Christian minister in Uganda and was active in human rights advocacy. After her husband was taken by government security officers and presumed dead, she entered the U.S. on a B-2 visa and later filed for asylum. She missed her scheduled hearing due to a misunderstanding of the date, leading to an in absentia removal order. Despite filing motions to reopen her case, the BIA denied her requests, citing a lack of exceptional circumstances.

Kaweesa served as a Christian minister in a well-known preaching and music ministry in Kampala, Uganda, working primarily with women and children. She was active with Human Rights Africa and shared that group's message of respect for women with other women in her ministry. Kaweesa's husband, Stephen, was the pastor of the Heritage Revived Church in Uganda until he was taken from their home by government security officers in 1994. He was never heard from again and is presumed dead. Kaweesa believes that her husband and brother were involved in a rebel freedom movement. She also has information that both her parents and her brother have been killed. Soon after her husband disappeared, Kaweesa was taken by government security officers to military barracks outside of Kampala, where she was interrogated, beaten, and raped by several different men over the course of three weeks.

Issue

Did the Immigration Judge (IJ) err in denying Kaweesa's first motion to reopen her removal proceedings based on a misunderstanding of the hearing date?

Rule

Under 8 U.S.C. 1229a(b)(5)(C), an in absentia order of removal may be rescinded if the alien demonstrates that the failure to appear was due to exceptional circumstances.

Under 8 U.S.C. 1229a(b)(5)(C), an in absentia order of removal may be rescinded upon a motion to reopen filed within 180 days after the date of the order of removal if the alien demonstrates that the failure to appear was because of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, or upon a motion filed at any time if the alien demonstrates that he or she did not receive notice or was in state or federal custody.

Analysis

The court found that the IJ failed to consider the totality of the circumstances surrounding Kaweesa's failure to appear. The IJ's conclusion that her error did not amount to exceptional circumstances was flawed, as it did not take into account her prompt actions after missing the hearing and the context of her situation, including her history of trauma and the implications of her potential deportation.

Conclusion

The court reversed the denial of the first motion to reopen and remanded the case with instructions to order a new hearing before the IJ to determine the merits of Kaweesa's requests for relief from deportation.

Who won?

Kaweesa prevailed in the case because the court found that the IJ committed an error of law by not considering the totality of the circumstances surrounding her failure to appear.

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