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DE MORALES v. I.N.S.

No. 96-60263.

116 F.3d 145 (1997)

Leticia Magdaleno DE MORALES; Eunice Nefta Morales-Magdaleno; Monic Morales-Magdaleno, Petitioners, v. IMMIGRATION and NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Fifth Circuit.

June 26, 1997.

Attorney(s) appearing for the Case

Joseph B. De Mott, San Antonio, TX, for Petitioners.

Papu Sandhu, U.S. Dept. of Justice, Immigration Litigation, Washington, DC, David Michael McConnell, Robert L. Bombough, U.S. Dept. of Justice, Office of Immigration Litigation, Washington, DC, Janet Reno, Washington, DC, John B. Z. Caplinger, Director, I.N.S., New Orleans, LA, Richard M. Casillas, Dist. Director, I.N.S., San Antonio, TX, for Respondent.

Before DUHE, BENAVIDES and STEWART, Circuit Judges.

BENAVIDES, Circuit Judge:

This appeal requires us to determine whether the Board of Immigration Appeals ("BIA") abused its discretion by denying the petitioners' motion to reopen deportation proceedings after an Immigration Judge ("IJ") entered an in absentia order of deportation. We hold that the BIA correctly concluded that the petitioners' failure to appear at their deportation hearing was not the result of exceptional circumstances. Therefore, the BIA's...

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