The Board of Immigration Appeals has determined that when respondents, including minor respondents, fail to appear for a hearing, and DHS has established proper notice and removability, the Immigration Judge lacks authority to administratively close the proceedings and must proceed in absentia. The Board rejected the Immigration Judge’s conclusion that it would violate the minor respondents’ due process rights to order them removed based on their mother’s failure to bring them to court, reaffirming that an adult relative who receives notice on behalf of a minor bears the responsibility to ensure the minor appears.
The Board further noted that the statutory remedy for seeking rescission of an in absentia order remains available to the respondents.
The full text of Matter of Orozco Becerra can be found here: https://www.justice.gov/eoir/media/1438621/dl?inline