The Ninth Circuit has addressed the facts the agency must consider when determining if a non-citizen missed a hearing in Immigration Court due to exceptional circumstances. Namely, the agency must consider the totality of the circumstances, including whether the non-citizen had a motive to miss the hearing and whether the refusal to reopen would result in unconscionable circumstances. In this case, the minor children would be able to derive citizenship through their naturalized father if they were able to obtain permanent residency, and as such, the Court found that a refusal to reopen would cause unconscionable hardship. In addition, the non-citizens showed diligence following the issuance of their in absentia removal order by driving to court and speaking to the clerk, despite encountering two major car accidents, and promptly filing their motion to reopen. The court also emphasized that non-citizens are not required to make a prima facie showing of eligibility for relief to reopen an in absentia removal order.
The full text of Montejo-Gonzalez v. Garland can be found here:
https://cdn.ca9.uscourts.gov/datastore/opinions/2024/10/17/21-304.pdf