CRUZ-GARCIA

Citations

• 22 I. & N. Dec. 1155

Syllabus

CRUZ-GARCIA, 22 I&N Dec. 1155 (BIA 1999) ID 3420 (PDF) (1) The regulation at 8 C.F.R. § 3.23(b)(4)(iii) (1998) imposes no time or numerical limitation on aliens seeking to reopen deportation proceedings conducted in absentia pursuant to section 242(b) of the Immigration and Nationality Act, 8 U.S.C. § 1252(b)(1988). Matter of Mancera, Interim Decision 3353 (BIA 1998), reaffirmed. (2) When an alien seeks to reopen deportation proceedings conducted in absentia pursuant to section 242(b) of the Act, it is appropriate to apply the \reasonable cause\ standard, not the \exceptional circumstances\ standard set forth in section 242B of the Act, 8 U.S.C. § 1252b (Supp. II 1990). (3) An alien who asserted for the first time on appeal that her failure to appear at a deportation hearing was the result of ineffective assistance of counsel, but who failed to comply with the requirements for such a claim, has not shown \reasonable cause\ that warrants reopening of the proceedings.