GONZALEZ-LOPEZ

Citations

• 20 I. & N. Dec. 644

Syllabus

GONZALEZ-LOPEZ, 20 I&N Dec. 644 (BIA 1993) ID 3198 (PDF) (1) The Board of ImmigrationAppeals is without authority to consider an appeal from an in absentiaorder made under the deportation procedures specified under section 242(b)(1)of the Immigration and Nationality Act, 8 U.S.C. § 1252(b)(1) (Supp.II 1990), and section 242B(c)(1) of the Act, 8 U.S.C. § 1252b(c)(1)(Supp. III 1991), where section 242B(c)(3) of the Act clearly shows thatany in absentia order made under these new deportation procedures mayonly be rescinded by filing a motion to reopen with the immigration judge. (2) An alien may takean appeal to the Board of Immigration Appeals from an immigration judge'sdenial of a motion to reopen filed for purposes of seeking the rescissionof the immigration judge's in absentia order pursuant to section 242B(c)(3)of the Act. (3) An alien may properlyappeal an immigration judge's in absentia order to the Board of ImmigrationAppeals, or file a motion to reopen with the immigration judge in thecircumstances set forth in Matter of Haim, 19 I&N Dec. 641 (BIA 1988),if the in absentia order was rendered in exclusion proceedings or in deportationproceedings where service or attempted service of the notice of the hearingfor which the alien failed to appear was made prior to June 13, 1992,the effective date for the new deportation procedures specified in section242B of the Act.