HAIM

Citations

• 19 I. & N. Dec. 641

Syllabus

HAIM, 19 I&N Dec. 641 (BIA 1988) ID 3060 (PDF) (1) Where an immigration judge conducts an exclusion or deportation hearing in absentia, an alien can move to have the immigration judge reopen the proceedings when the cause of the alien's failure to appear relates to facts not before the immigration judge at the time of his decision. (2) When the basis for a motion to reopen is that the immigration judge held an in absentia hearing, the alien must establish that he had \reasonable cause\ for his absence from the proceedings. (3) A party seeking to reopen the proceedings must state the new facts which he intends to establish, supported by affidavits or other evidentiary material. (4) A motion to reopen proceedings will be granted if the alien had reasonable cause for his failure to appear.