Vukmirovic v. Holder
Opinion of the Court
ORDER
The Petition for Rehearing En Banc is denied. The panel grants rehearing. A separate Opinion on Rehearing will be filed concurrently with this order.
OPINION
We have taken the unusual step of granting rehearing in this case upon our review of the Government’s Petition for Rehearing en Banc and Petitioner’s response to it. The panel has now concluded that our original opinion, Vukmirovic v. Holder, 621 F.3d 1043 (9th Cir. 2010), constituted a departure from Ninth Circuit precedent and interpreted too broadly the “exceptional circumstances” safe harbor for aliens removed in absentia. See 8 U.S.C. § 1252b(c)(3)(A) (1994).
The Petitioner did not know about his removal proceeding hearing because he had moved from his previous address and had failed to advise his new lawyer and the immigration court of his whereabouts. Consequently, he was removed in absentia. Petitioner’s current counsel has argued vigorously that Petitioner’s case falls within the statutory provision permitting rescission of a removal order entered in absentia “if the alien demonstrates that the failure to appear was because of exceptional circumstances.” Id.
Our previous cases applying this exception, however, involved much more unusual circumstances than those here. In Singh
Unlike Singh and Chete Juarez, Petitioner did not demonstrate the diligence necessary for a finding of exceptional circumstances. Aliens are advised in various ways that they must keep the government apprised of any change of address. See 8 U.S.C. §§ 1305 and 1306(b). This, petitioner did not do. Moreover, there does not exist in this record any strong likelihood of relief. Accordingly, the Petition for Rehearing is GRANTED. The Petition for Review is DISMISSED.
Reference
- Full Case Name
- Predrag VUKMIROVIC v. Eric H. HOLDER Jr., Attorney General
- Cited By
- 7 cases
- Status
- Published