USCA1 Opinion

          September 5, 1995

                                [NOT FOR PUBLICATION]

                            UNITED STATES COURT OF APPEALS

                                FOR THE FIRST CIRCUIT









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        No. 95-1137



                              ALFORD CHRISTOPHER CLARK,



                                     Petitioner,



                                          v.



                       IMMIGRATION AND NATURALIZATION SERVICE,



                                     Respondent.





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                          ON PETITION FOR REVIEW OF AN ORDER



                         OF THE BOARD OF IMMIGRATION APPEALS



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                                        Before



                                Cyr, Boudin and Lynch,

                                   Circuit Judges,
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            Alan M. Pampanin and Bennett R. Savitz on brief for petitioner.
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            Frank  W.  Hunger, Assistant  Attorney  General,  Civil  Division,
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        Philemina  McNeill Jones  and  John  J.  Andre, Attorneys,  Office  of
        ________________________       _______________

        Immigration Litigation Civil Division, on brief for respondent.





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                      Per  Curiam.      Petitioner  Alford  Clarke  seeks
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            judicial review of a Board of Immigration Appeals (BIA) order



            that dismissed his appeal  from an Immigration Judge's denial



            of  his motion  to reopen  deportation proceedings  after the



            petitioner was ordered deported in absentia.  The immigration
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            judge  entered the  deportation  order  after the  petitioner



            failed to appear on time for a hearing on his application for



             212(c) relief.  See 8 U.S.C.  1182(c).
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                 We have thoroughly reviewed  the record and the parties'



            briefs  on  appeal.   We find  no  merit in  the petitioner's



            arguments.   It is well established that in absentia hearings
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            are  not  "per  se  violative   of  due  process."  Patel  v.
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            U.S.I.N.S., 803 F.3d 804, 806 (5th Cir. 1986).  The fact that
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            the petitioner appeared late, as opposed to failing to appear



            at  all, and had previously  reported to the  INS pursuant to



            the conditions  of his  release, is  irrelevant.  The  record



            discloses  that   the  petitioner  was   given  a  reasonable



            opportunity to be  present and  that he failed  to provide  a



            reasonable cause for his absence.  Under these circumstances,



            the  in  absentia order  did not  violate  due process.   See
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            Maldonado-Perez  v.  INS, 865  F.2d  328,  329-37 (D.C.  Cir.
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            1989);  Reyes-Arias v.  INS, 866  F.2d 500,  503   (D.C. Cir.
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            1989).



                 Accordingly, the petition for review is denied. 
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