The Sixth Circuit has determined that exceptional circumstances prevented a 12-year-old minor whose mother had given birth 10 days before her hearing from attending her removal hearing. “E.A.’s case involves numerous impediments that prevented her from attending her immigration hearing, including her inability to change the location of the hearing, her inability to secure transportation from New York to Memphis, and her mother’s recent childbirth.” “In sum, we conclude that the BIA abused its discretion by denying E.A.’s motion to reopen. E.A.’s mother’s recent childbirth is a serious medical event, which coupled with E.A.’s minor age, her difficulty obtaining transportation, and her difficulty navigating the immigration system without assistance, constitute “exceptional circumstances” necessitating rescission of the in absentia removal order.” The court also noted that the E.A. was not required to show prima facie eligibility for relief in order to have her in absentia removal order rescinded.
The full text of EACA v. Rosen can be found here:
https://www.opn.ca6.uscourts.gov/opinions.pdf/21a0011p-06.pdf