The Board of Immigration Appeals has sustained a DHS appeal and reversed an Immigration Judge's sua sponte rescission of an in absentia removal order, holding that a respondent's claim that a non-attorney misled him about the need to appear at his hearing did not amount to the "exceptional circumstances" required to reopen. The respondent, a native and citizen of Uzbekistan, argued he reasonably relied on the individual's assurances, but the Board noted that both of the respondent's own continuance motions listed him as proceeding pro se and bore his signature.
Consistent with Matter of Z-R-C-N-, the Board reiterated that bad advice from a non-lawyer does not excuse a failure to appear and emphasized that sua sponte authority to reopen a case must be reserved for truly exceptional situations, not invoked routinely. The motion to reopen was denied and the in absentia removal order reinstated.
The full text of Matter of K-K-U-J- can be found here: https://www.justice.gov/eoir/media/1462356/dl?inline