Six minutes late, a dollar short

Camaj v. Holder, http://www.ca6.uscourts.gov/opinions.pdf/10a0344p-06.pdf (published, November 8, 2010).

The court upheld the denial of a motion to reopen an in absentia order, finding that personal service of the hearing notice was not practicable where the alien was in Detroit and the judge was in Chicago.  The court found the use of certified mail sufficient.

The alien arrived at the hearing in question 40 minutes late, only six minutes after entry of the in absentia order.  While not explicitly stated, it is likely that the alien was late because the hearing location had changed and the new address may not have been brought to his attention.

Had it been able to do so, the court would have reopened on the basis that the alien was only six minutes late and deportation is too harsh a penalty for such tardiness.  However, his attorney below did not exhaust that argument, raising it for the first time on the petition for review.  The court also made a point of mentioning that the attorney did not show that the Camaj had a meritorious claim for relief.  The court bemoaned the prevalence of "inadequate lawyering" but felt constrained to do anything about it on a less than perfect record.