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Court Says Car Failure Does Not Constitute Exceptional Circumstances Justifying a Motion to Reopen

As a matter of first impression, the Ninth Circuit held that a car’s mechanical failure does not alone compel granting a motion to reopen based on exceptional circumstances. Accordingly, the court upheld the BIA’s denial of the motion to reopen to rescind the in absentia removal order entered against the petitioner, whose car had broken down on the way to her removal hearing.

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