Bernabe Cun-Balan, A205 305 480 (BIA Feb. 10, 2016)

In this unpublished decision, the Board of Immigration Appeals (BIA) rescinded an in absentia order of removal upon finding that the respondent established exceptional circumstances for failing to appear. The respondent contended that his attorney had erroneously advised him that he did not need to attend the hearing because he had submitted a motion to change venue. The decision was issued by Vice Chairman Charles Adkins-Blanch and was joined by Member Edward Grant and Member John Guendelsberger. Looking for IRAC’s Index of Unpublished BIA Decisions? Visit www.irac.net/unpublished/index