
USCA1 Opinion

	




          September 5, 1995                                [NOT FOR PUBLICATION]                            UNITED STATES COURT OF APPEALS                                FOR THE FIRST CIRCUIT                                 ____________________        No. 95-1137                              ALFORD CHRISTOPHER CLARK,                                     Petitioner,                                          v.                       IMMIGRATION AND NATURALIZATION SERVICE,                                     Respondent.                                 ____________________                          ON PETITION FOR REVIEW OF AN ORDER                         OF THE BOARD OF IMMIGRATION APPEALS                                 ____________________                                        Before                                Cyr, Boudin and Lynch,                                   Circuit Judges,                                   ______________                                 ____________________            Alan M. Pampanin and Bennett R. Savitz on brief for petitioner.            ________________     _________________            Frank  W.  Hunger, Assistant  Attorney  General,  Civil  Division,            _________________        Philemina  McNeill Jones  and  John  J.  Andre, Attorneys,  Office  of        ________________________       _______________        Immigration Litigation Civil Division, on brief for respondent.                                 ____________________                                 ____________________                      Per  Curiam.      Petitioner  Alford  Clarke  seeks                      ___________            judicial review of a Board of Immigration Appeals (BIA) order            that dismissed his appeal  from an Immigration Judge's denial            of  his motion  to reopen  deportation proceedings  after the            petitioner was ordered deported in absentia.  The immigration                                            __ ________            judge  entered the  deportation  order  after the  petitioner            failed to appear on time for a hearing on his application for             212(c) relief.  See 8 U.S.C.  1182(c).                             ___                 We have thoroughly reviewed  the record and the parties'            briefs  on  appeal.   We find  no  merit in  the petitioner's            arguments.   It is well established that in absentia hearings                                                     __ ________            are  not  "per  se  violative   of  due  process."  Patel  v.                       ___  __                                  _____            U.S.I.N.S., 803 F.3d 804, 806 (5th Cir. 1986).  The fact that            __________            the petitioner appeared late, as opposed to failing to appear            at  all, and had previously  reported to the  INS pursuant to            the conditions  of his  release, is  irrelevant.  The  record            discloses  that   the  petitioner  was   given  a  reasonable            opportunity to be  present and  that he failed  to provide  a            reasonable cause for his absence.  Under these circumstances,            the  in  absentia order  did not  violate  due process.   See                 __  ________                                         ___            Maldonado-Perez  v.  INS, 865  F.2d  328,  329-37 (D.C.  Cir.            _______________      ___            1989);  Reyes-Arias v.  INS, 866  F.2d 500,  503   (D.C. Cir.                    ___________     ___            1989).                 Accordingly, the petition for review is denied.                                                          _______                                         -2-
