MISSED
HEARING . REMAND . Medical Reasons . INDIA . Doctor's
Letter . IJ erred in refusing to accept medical
condition as excuse of missing hearing because Respondent
had doctor's letter. [Kaur,
CA9 October 1, 2010 unpublished]
_____________________________________________________
KAUR
v. HOLDER, 08-73395 (9th Cir. 10-1-2010)
MANJIT
KAUR, Petitioner, v. ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No.
08-73395.
United
States Court of Appeals, Ninth Circuit.
Submitted
September 13, 2010.[fn**]
October
1, 2010.
[EDITOR'S NOTE: This case is unpublished as indicated
by the issuing court.]
[fn**] The
panel unanimously concludes this case is
suitable for decision without oral argument. See
Fed.R.App.P. 34(a)(2).
MEMORANDUM[fn*]
[fn*] This
disposition is not appropriate for publication and
is not precedent except as provided by 9th Cir. R. 36-3.
On Petition for Review of an Order of the Board of
Immigration Appeals Agency No. A078-650-912.
Before:
SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit
Judges.
Manjit Kaur, a native and citizen of India, petitions
for review of the Board of Immigration Appeals' ("BIA")
order dismissing her appeal from an immigration judge's
order denying her motion to reopen removal proceedings
held in absentia. We have jurisdiction under 8
U.S.C. § 1252. Reviewing for abuse of discretion,
Page 2 Celis-Castellano v.
Ashcroft, 298 F.3d 888, 890 (9th Cir. 2002), we grant
the petition for review.
The agency
abused its discretion when it concluded that Kaur
did not show exceptional circumstances for her absence
from her
hearing because the medical documentation Kaur's attorney
presented at the scheduled hearing indicated that Kaur
was
unable to attend the hearing due to her medical condition.
Cf. CelisCastellano, 298 F.3d at 890-92 (in which
alien made no showing of the seriousness of his alleged
asthma
attack, did not notify the immigration court that he
would be
absent, and did not seek medical attention until two
weeks
after the date of the missed hearing).
PETITION FOR REVIEW GRANTED; REMANDED.
