Court upholds in absentia order

http://www.ca6.uscourts.gov/opinions.pdf/09a0430p-06.pdf

In Acquaah v. Holder, the alien failed to appear for a telephonic master calendar hearing at his attorney's office because he thought the hearing was two days later.  He further alleged that his attorney then failed to challenge the in absentia order over the next 2 1/2 years.  The attorney did not file a motion to reopen until after the alien hired another attorney.

Suggesting that the 180 day deadline is subject to equitable tolling, the Court found that the alien failed to present exceptional circumstances excusing the delay.  The alien was too "disengaged" from the process and should have been more diligent in following up on his attorney.  The alien's mistaken belief as to the hearing date was not an exceptional circumstance, regardless of the errors made by the attorney.