Friday, February 15, 2008
Court: Late Arrival Did Not Justify Immigration Hearing in Absentia
By STEVEN M. ELLIS, Staff Writer

An immigration judge exceeded his authority by proceeding with an in absentia removal hearing after the alien showed up late, the Ninth U.S. Circuit Court of Appeals ruled yesterday.

Voting 2-1 to grant Juan Antonio Perez’s petition for review of a decision ordering him removed in absentia because he failed to appear at his scheduled removal hearing on time, the court held that Perez had not failed to appear—despite arriving two hours late and after his attorney had already left—because he arrived just before the immigration judge finished for the day.

However, in a sharp dissent, Judge Pamela Ann Rymer wrote that “[t]hose facing removal should show up on time and be ready to go forward when their case is called.â€