Alejo Trejo-santoscoy, Petitioner, v. Immigration and Naturalization Service, Respondent, 5 F.3d 540 (9th Cir. 1993)

MEMORANDUM^** 

Alejo Trejo-Santoscoy petitions for review of an order of the Board of Immigration Appeals dismissing his appeal of an immigration judge's decision ordering that he be deported. Trejo-Santoscoy contends that he was denied due process of law when the immigration judge ruled that Trejo-Santoscoy had abandoned his application for relief from deportation and therefore would not be permitted to pursue a waiver of deportation.

We deny the petition for review.

DISCUSSION

Trejo-Santoscoy maintains that the deportation order was inappropriate and violated his due process rights because extenuating circumstances prevented him from appearing at his deportation hearing.

The immigration judge's decision to proceed with the deportation hearing without Trejo-Santoscoy was within his discretion. Trejo-Santoscoy had been given a reasonable opportunity to be present at the hearing and had been notified that failure to appear at the hearing could result in an order of deportation being issued in his absence. 8 U.S.C. § 1252(b) (Supp.1993); Immigration & Naturalization Serv. v. Lopez-Mendoza, 468 U.S. 1032, 1038-39 (1984).

In ruling that Trejo-Santoscoy had waived his right to seek relief from deportation, the immigration judge did not abuse his discretion or deny Trejo-Santoscoy due process. Trejo-Santoscoy's unsupported assertions that he could not appear at his hearing because he had to care for his children do not demonstrate that he had reasonable cause for his nonappearance. Immigration & Naturalization Serv. v. Abudu, 485 U.S. 94, 110-11 (1988); Wijeratne v. Immigration & Naturalization Serv., 961 F.2d 1344, 1348 (7th Cir. 1992).¹ 

Trejo-Santoscoy's petition is DENIED.