VILLALBA

Citations

• 21 I. & N. Dec. 842

Syllabus

VILLALBA, 21 I&N Dec. 842 (BIA 1997) ID 3310 (PDF) (1) Language contained in the Order to Show Cause and Notice of Hearing (Form I-221), which provides that notice of deportation hearings will be sent only to a respondent's last known address and that failure to provide an address may result in an in absentia hearing, is a reasonable construction of the notice requirements set forth in section 242B of the Immigration and Nationality Act, 8 U.S.C. § 1252b (1994). (2) The prohibition set forth in Purba v. INS, 884 F.2d 516 (9th Cir. 1989), that a deportation hearing may not be conducted telephonically absent a respondent's affirmative waiver of the right to appear in person, does not apply in properly conducted in absentia proceedings.