Ranjit Singh v. Immigr. & Naturalization Servs., 295 F.3d 1037 (9th Cir. 2002). · Go Syfert
Ranjit Singh v. Immigr. & Naturalization Servs., 295 F.3d 1037 (9th Cir. 2002). Cases Citing This Book View Copy Cite
763 citation events (758 in the last 25 years) across 9 distinct courts.
Strongest positive: Ederlinda Batoon v. Eric Holder, Jr. (ca9, 2011-04-27)
Treatment trajectory · 2002 → 2026 · click a year to view as-of
2002 2014 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Ederlinda Batoon v. Eric Holder, Jr.
9th Cir. · 2011 · signal: see · quote attribution · 1 verbatim quote · confidence high
a case may not be administratively closed if opposed by either of the parties.
discussed Cited as authority (verbatim quote) Hernandez-Gonzalez v. Holder (2×) also: Cited as authority (rule)
9th Cir. · 2009 · signal: see also · quote attribution · 1 verbatim quote · confidence high
this court must look to the 'particularized facts presented in each case' in determining whether the petitioner has established exceptional circumstances.
discussed Cited as authority (verbatim quote) Hernandez-Gonzalez v. Holder (2×) also: Cited as authority (rule)
9th Cir. · 2009 · signal: see also · quote attribution · 1 verbatim quote · confidence high
this court must look to the 'particularized facts presented in each case' in determining whether the petitioner has established exceptional circumstances.
examined Cited as authority (verbatim quote) Tairova v. Gonzales (2×) also: Cited as authority (rule)
9th Cir. · 2006 · signal: see · quote attribution · 1 verbatim quote · confidence high
we agree with the seventh circuit that the ins should not deny reopening of an in absentia deportation order where the denial leads to the unconscionable result of deporting an individual eligible for relief from deportation.
discussed Cited as authority (quoted) Susano-Garcia v. Gonzales (2×) also: Cited as authority (rule)
9th Cir. · 2007 · signal: see · quote attribution · 1 verbatim quote · confidence high
the bia's denial of a motion to reopen shall be reversed if it is "arbitrary, irrational, or contrary to law.
cited Cited as authority (rule) Vega Lopez v. Bondi
9th Cir. · 2026 · confidence medium
Singh v. INS, 295 F.3d 1037, 1040 (9th Cir. 2002).
discussed Cited as authority (rule) Montejo-Gonzalez v. Bondi (2×)
9th Cir. · 2026 · confidence medium
Singh v. I.N.S., 295 F.3d 1037, 1040 (9th Cir. 2002).
discussed Cited as authority (rule) Acyole Campos v. Bondi
9th Cir. · 2025 · confidence medium
We therefore leave the agency’s decision in place unless it is “arbitrary, irrational, or contrary to law.” Valeriano v. Gonzalez, 474 F.3d 669, 672 (9th Cir. 2007) (quoting Singh v. INS, 295 F.3d 1037, 1039 (9th Cir. 2002)).
cited Cited as authority (rule) Escobar-Chavez De Perez v. Bondi
9th Cir. · 2025 · confidence medium
Singh v. INS, 295 F.3d 1037, 1039 (9th Cir. 2002).
discussed Cited as authority (rule) Refael Sapir v. Merrick Garland (2×) also: Cited "see"
9th Cir. · 2024 · confidence medium
Singh, 295 F.3d at 1038, 1040 .
examined Cited as authority (rule) Montejo-Gonzalez v. Garland (3×)
9th Cir. · 2024 · confidence medium
Singh, 295 F.3d at 1040 (finding petitioner “had no possible reason to try to delay the hearing” where he, among other things, “diligently appeared for all of his previous hearings”).
discussed Cited as authority (rule) Varinder Singh v. Merrick Garland
9th Cir. · 2024 · confidence medium
“The totality of the circumstances also includes the merits of [petitioner]’s pending claim for relief when ‘the denial [of a motion to reopen] leads to the unconscionable result of deporting an individual eligible for relief.’” Arredondo, 824 F.3d 801, 806 (citing Singh v. I.N.S., 295 F.3d 1037, 1040 (9th Cir. 2002)).
cited Cited as authority (rule) Parthasarathi v. United States of America
D. Ariz. · 2024 · confidence medium
Terbush, 20 516 F.3d at 1135 (internal quotations omitted) (quoting O’Toole, 295 F.3d at 1037); see 21 also Rayonier Inc. v. United States, 352 U.S. 315, 320 (1957).
discussed Cited as authority (rule) Acosta-Ochoa v. Garland
9th Cir. · 2024 · confidence medium
This means that a court will only reverse the BIA’s denial of a motion to reopen proceedings if the denial was “arbitrary, irrational, or contrary to law.” Singh v. INS, 295 F.3d 1037, 1039 (9th Cir. 2002) (citation omitted).
discussed Cited as authority (rule) Babasyan v. Garland
9th Cir. · 2024 · confidence medium
This Court “must look to the ‘particularized facts presented in each case’ in determining whether the petitioner has established exceptional circumstances.” Arredondo v. Lynch, 824 F.3d 801, 805 (9th Cir. 2016) (quoting Singh v. INS, 295 F.3d 1037, 1040 (9th Cir. 2002)). “‘[T]he Board must examine the totality of the circumstances’ in determining whether exceptional circumstances have been shown.” Id. at 806 (quoting Celis–Castellano v. Ashcroft, 298 F.3d 888, 892 (9th Cir. 2002)).
discussed Cited as authority (rule) Balvino v. Garland
9th Cir. · 2024 · confidence medium
We review the BIA’s denial of Balvino’s motion to reopen for abuse of discretion, reversing if it is “arbitrary, irrational, or contrary to law.” Singh v. INS, 295 F.3d 1037, 1039 (9th Cir. 2002) (quoting Ahwazi v. INS, 751 F.2d 1120, 1122 (9th Cir. 1985)).
cited Cited as authority (rule) Emerson Gomez-Morales v. Merrick Garland
9th Cir. · 2023 · confidence medium
See Valeriano v. Gonzales, 474 F.3d 669, 672 (9th Cir. 2007); Singh v. INS, 295 F.3d 1037, 1039 (9th Cir. 2002). 1.
cited Cited as authority (rule) Gomez-Morales v. Garland
9th Cir. · 2023 · confidence medium
See Valeriano v. Gonzales, 474 F.3d 669, 672 (9th Cir. 2007); Singh v. INS, 295 F.3d 1037, 1039 (9th Cir. 2002). 1.
cited Cited as authority (rule) Estela Godinez Domingo v. Merrick Garland
9th Cir. · 2023 · confidence medium
Petitioners rely on Singh v. INS, 295 F.3d 1037, 1040 (9th Cir. 2002), to argue that missing a hearing by mistake can satisfy the exceptional circumstances requirement to reopen.
discussed Cited as authority (rule) Bernal-Lopez v. Garland
9th Cir. · 2023 · confidence medium
Considering that Bernal-Lopez does not challenge her removability or challenge the determination that she failed to establish prima facie eligibility for relief, this is not a case where “the denial [of a motion 3 to reopen] leads to the unconscionable result of deporting an individual eligible for relief.” Singh v. INS, 295 F.3d 1037, 1040 (9th Cir. 2002).
discussed Cited as authority (rule) Cerrato-Maradiaga v. Garland
9th Cir. · 2023 · confidence medium
We review the denial of a motion to reopen for abuse of discretion and uphold the immigration judge’s decision unless it is “arbitrary, irrational, or contrary to law.” Perez v. Mukasey, 516 F.3d 770, 773 (9th Cir. 2008) (quoting Singh v. INS, 295 F.3d 1037, 1039 (9th Cir. 2002)). 1.
discussed Cited as authority (rule) Cerrato-Maradiaga v. Garland
9th Cir. · 2023 · confidence medium
We review the denial of a motion to reopen for abuse of discretion and uphold the immigration judge’s decision unless it is “arbitrary, irrational, or contrary to law.” Perez v. Mukasey, 516 F.3d 770, 773 (9th Cir. 2008) (quoting Singh v. INS, 295 F.3d 1037, 1039 (9th Cir. 2002)). 1.
discussed Cited as authority (rule) Sergio Barrios-Mazariegos v. Merrick Garland
9th Cir. · 2022 · confidence medium
Under this standard, the Board’s decision may be reversed only if it is “arbitrary, irrational, or contrary to law.” Perez v. Mukasey, 516 F.3d 770, 773 (9th Cir. 2008) (quoting Singh v. INS, 295 F.3d 1037, 1039 (9th Cir. 2002)).
discussed Cited as authority (rule) Enrique Antimo-Jasso v. Merrick Garland
9th Cir. · 2022 · confidence medium
We review the BIA’s denial of a motion to reopen for abuse of discretion, i.e., whether it was “arbitrary, irrational, or contrary to law.” Singh v. INS, 295 F.3d 1037, 1039 (9th Cir. 2002) (internal quotation marks omitted); Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir. 2002).
discussed Cited as authority (rule) Rigoberto Sanchez-Galvez v. Merrick Garland
9th Cir. · 2022 · confidence medium
We review the BIA’s denial of a motion to reopen for abuse of discretion, i.e., whether it was “arbitrary, irrational, or contrary to law.” Singh v. INS, 295 F.3d 1037, 1039 (9th Cir. 2002) (internal quotation marks omitted); Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir. 2002).
cited Cited as authority (rule) Nicholas Rocha v. Merrick Garland
9th Cir. · 2022 · confidence medium
We must uphold the agency determination unless the BIA’s decision is “arbitrary, irrational, or contrary to law.” Singh v. I.N.S., 295 F.3d 1037, 1039 (9th Cir. 2002) (citation omitted).
discussed Cited as authority (rule) Svitlana Zonova v. Merrick Garland
9th Cir. · 2022 · confidence medium
The BIA abuses its discretion when its denial is “arbitrary, irrational, or contrary to law.” Singh v. INS, 295 F.3d 1037, 1039 (9th Cir. 2002) (quoting Ahwazi v. INS, 751 F.2d 1120, 1122 (9th Cir. 1985)). 1.
cited Cited as authority (rule) Luis Ortiz-Guadalupe v. Merrick Garland
9th Cir. · 2022 · confidence medium
“We reverse the denial of a motion to reopen only if it is ‘arbitrary, irrational, or contrary to law.’” Id. (quoting Singh v. INS, 295 F.3d 1037, 1039 (9th Cir. 2002)).
discussed Cited as authority (rule) Ranjit Singh v. Merrick Garland
9th Cir. · 2022 · confidence medium
We review the denial of a motion to reopen for abuse of discretion and may grant relief only if the BIA’s decision was “arbitrary, irrational, or contrary to law.” Agonafer v. Sessions, 859 F.3d 1198, 1203 (9th Cir. 2017) (quoting Singh v. INS, 295 F.3d 1037, 1039 (9th Cir. 2002)).
cited Cited as authority (rule) Yenny Sanchez Martinez De Domi v. Merrick Garland
9th Cir. · 2022 · confidence medium
Reviewing for abuse of discretion, Singh v. INS, 295 F.3d 1037, 1039 (9th Cir. 2002), we deny the petition. 1.
discussed Cited as authority (rule) Liany Adlim v. Merrick Garland
9th Cir. · 2022 · confidence medium
We review the denial of a motion to reopen for abuse of discretion and may grant relief only if the BIA’s decision was “arbitrary, irrational, or contrary to law.” Agonafer v. Sessions, 859 F.3d 1198, 1203 (9th Cir. 2017) (quoting Singh v. INS, 295 F.3d 1037, 1039 (9th Cir. 2002)).
discussed Cited as authority (rule) Enrique Tenorio v. Merrick Garland
9th Cir. · 2022 · confidence medium
We review the denial of a motion to reopen for abuse of discretion and may grant relief only if the BIA’s decision was “arbitrary, irrational, or contrary to law.” Agonafer v. Sessions, 859 F.3d 1198, 1203 (9th Cir. 2017) (quoting Singh v. INS, 295 F.3d 1037, 1039 (9th Cir. 2002)).
discussed Cited as authority (rule) Rajveer Mutti v. Merrick Garland
9th Cir. · 2021 · confidence medium
We review the denial of a motion to reopen for abuse of discretion and may grant relief only if the BIA’s decision was “arbitrary, irrational, or contrary to law.” Agonafer v. Sessions, 859 F.3d 1198, 1203 (9th Cir. 2017) (quoting Singh v. INS, 295 F.3d 1037, 1039 (9th Cir. 2002)).
discussed Cited as authority (rule) Maria Pablo Matias v. Merrick Garland
9th Cir. · 2021 · confidence medium
The BIA abuses its discretion if its decision is “arbitrary, irrational, or contrary to law.” Perez v. Mukasey, 516 F.3d 770, 773 (9th Cir. 2008) (quoting Singh v. INS, 295 F.3d 1037, 1039 (9th Cir. 2002)).
discussed Cited as authority (rule) Narinderjit Singh v. Merrick Garland
9th Cir. · 2021 · confidence medium
Accordingly, Singh has not shown that the BIA’s decision was “arbitrary, irrational, or contrary to law.” He v. Gonzales, 501 F.3d 1128, 1131 (9th Cir. 2007) (quoting Singh v. INS, 295 F.3d 1037, 1039 (9th Cir. 2002)). 1 We reject Singh’s argument that the BIA did not consider Singh’s claim for relief under the Convention Against Torture when it denied the motion to reopen.
discussed Cited as authority (rule) Patricia Hernandez-Galand v. Merrick Garland (2×)
9th Cir. · 2021 · signal: cf. · confidence medium
Cf. Singh, 295 F.3d at 1040 (petitioner could have easily misunderstood the time of the hearing).
discussed Cited as authority (rule) Patricia Hernandez-Galand v. Merrick Garland (2×)
9th Cir. · 2021 · signal: cf. · confidence medium
Cf. Singh, 295 F.3d at 1040 (petitioner could have easily misunderstood the time of the hearing).
discussed Cited as authority (rule) Armando Salazar-Arvizu v. Robert Wilkinson
9th Cir. · 2021 · signal: cf. · confidence medium
Cf. Singh v. I.N.S., 295 F.3d 1037, 1039 (9th Cir. 2002) (reversing denial of motion to reopen if arbitrary, capricious, or contrary to law).
discussed Cited as authority (rule) Elfer Pineda Guzman v. Robert Wilkinson
9th Cir. · 2021 · confidence medium
Its decision to deny Pineda Guzman’s motion to reopen was therefore not “arbitrary, irrational, or contrary to law.” Singh v. INS, 295 F.3d 1037, 1039 (9th Cir. 2002) (quoting Ahwazi v. INS, 751 F.2d 1120, 1122 (9th Cir. 1985)).
discussed Cited as authority (rule) Eng Chhun v. Jeffrey Rosen
9th Cir. · 2020 · confidence medium
The Board abuses its discretion when its denial is “arbitrary, irrational, or contrary to law.” Agonafer v. Sessions, 859 F.3d 1198, 1203 (9th Cir. 2017) (quoting Singh v. INS, 295 F.3d 1037, 1039 (9th Cir. 2002)).
discussed Cited as authority (rule) Marcos Garcia-Carrillo v. William Barr
9th Cir. · 2020 · confidence medium
Nor does Petitioner contend that he is 2 "facially eligible for [a] status adjustment," such that denial of his motion to reopen constitutes the "unconscionable result of deporting an individual eligible for relief from deportation." Singh v. INS, 295 F.3d 1037, 1038, 1040 (9th Cir. 2002).
discussed Cited as authority (rule) Rebecca Makawa v. William Barr
9th Cir. · 2020 · confidence medium
Najmabadi, 597 F.3d at 986 (the court defers to the Board’s exercise of discretion unless it acted arbitrarily, irrationally, or contrary to law) (citing Singh v. INS, 295 F.3d 1037, 1039 (9th Cir. 2002)).
discussed Cited as authority (rule) Abdul Based v. William Barr
9th Cir. · 2020 · confidence medium
A court will uphold the denial of a motion to reopen unless the decision is “arbitrary, irrational or contrary to law.” Singh v. INS, 295 F.3d 1037, 1039 (9th Cir. 2002) (quotation marks and citation omitted); see also Tadevosyan v. Holder, 743 F.3d 1250 , 1252–53 (9th Cir. 2014).
discussed Cited as authority (rule) Jose Chavarin-Aldaz v. William Barr
9th Cir. · 2020 · confidence medium
Under this standard, “[t]he decision of the BIA should be left undisturbed unless it is ‘arbitrary, irrational, or contrary to law.’” He v. Gonzales, 501 F.3d 1128, 1131 (9th Cir. 2007) (quoting Singh v. INS, 295 F.3d 1037, 1039 (9th Cir. 2002)). 3 In support of the motion, Chavarin-Aldaz submitted a declaration from his wife, who detailed in four short paragraphs how she and her children would suffer financially and emotionally if Chavarin-Aldaz were deported.
discussed Cited as authority (rule) Elvira Ortega v. William Barr
9th Cir. · 2020 · signal: cf. · confidence medium
See 8 U.S.C. § 1229a(b)(5)(C); Vukmirovic v. Holder, 640 F.3d 977, 979 (9th Cir. 2011) (en banc) (no exceptional circumstances where, among other factors, the petitioner did not have a strong likelihood of relief); cf. Singh v. INS, 295 F.3d 1037, 1039 (9th Cir. 2002) (exceptional circumstances where the petitioner appeared eligible for relief as the beneficiary of an approved family petition, and the government had conceded that apart from a few formalities, petitioner would not have been ordered deported if the hearing had been held).
discussed Cited as authority (rule) Jose Aguilar Guadamuz v. William Barr
9th Cir. · 2020 · confidence medium
See 8 U.S.C. § 1252 (d)(1); Alvarado v. Holder, 759 F.3d 1121 , 1126 n.4, 1127 (9th Cir. 2014). 2 his counsel’s failure to introduce evidence that his mother had experienced recent threats and harassment in Nicaragua from groups affiliated with the Sandinistas was “arbitrary, irrational, or contrary to law.” Bhasin v. Gonzales, 423 F.3d 977, 987 (9th Cir. 2005) (quoting Singh v. INS, 295 F.3d 1037, 1039 (9th Cir. 2002)).2 The BIA stated that there was “no indication” that such testimony “would have provided information different from that which [Aguilar Guadamuz] was able to offer…
cited Cited as authority (rule) Lali Gabelaya v. William Barr
9th Cir. · 2020 · confidence medium
The BIA’s assessment of that evidence was not “arbitrary, irrational, or contrary to law.” Singh v. INS, 295 F.3d 1037, 1039 (9th Cir. 2002) (internal quotation marks omitted).
cited Cited as authority (rule) Sourabh Khanna v. William Barr
9th Cir. · 2019 · confidence medium
The BIA’s denial of the motion to reopen was not “arbitrary, irrational, or contrary to law.” Id. (quoting Singh v. INS, 295 F.3d 1037, 1039 (9th Cir. 2002)).
cited Cited as authority (rule) Pieter Jayasaputra v. William Barr
9th Cir. · 2019 · confidence medium
The BIA abuses its discretion when its denial is “arbitrary, irrational, or contrary to law.” Id. (quoting Singh v. INS, 295 F.3d 1037, 1039 (9th Cir. 2002)).
cited Cited as authority (rule) Marina Butenko v. Matthew Whitaker
9th Cir. · 2018 · confidence medium
Singh v. INS, 295 F.3d 1037, 1039 (9th Cir. 2002) (internal citation omitted).
Retrieving the full opinion text from the archive…
Ranjit SINGH, Petitioner,
v.
IMMIGRATION AND NATURALIZATION SERVICES, Respondent
01-71043.
Court of Appeals for the Ninth Circuit.
Jul 12, 2002.
295 F.3d 1037
Martin Resendez Guajardo, Law Office of Martin Resendez Guajardo, San Francisco, CA, for petitioner., Barry J. Pettinato and Anthony C. Payne, Office of Immigration Litigation Civil Division, United States Department of Justice, Washington, DC, for respondent.
Schroeder, Nelson, Reinhardt.
Cited by 597 opinions  |  Published
4 passages pin-cited by 3 cases
Pinpoint authority: #30,614 of 633,719
Citer courts: Ninth Circuit (4) · District of Columbia (1)

OPINION

SCHROEDER, Chief Judge.

This is a highly unusual case. The appellant, Ranjit Singh, a native and citizen of India, unlawfully entered the United States in July 1990. He has diligently pursued his efforts to obtain lawful permanent residence status on the basis of his marriage. He appeared for five deportation hearings between October 1995 and October 1997, which were all continued. Several other hearings were continued upon his request until his wife could obtain citizenship. Finally, after his wife had become a naturalized United States citizen, and he became facially eligible for the status adjustment, he drove several hours with his wife and newborn baby to attend a[*1039] deportation hearing on January 21, 1998 at 1:00 p.m., only to discover that the hearing had been scheduled for 11:00 a.m. and that he had been ordered deported in absentia.

On the record before us, it appears Singh is eligible for adjustment of status as the spouse of a U.S. citizen and the beneficiary of an immediate relative immigrant petition approved by the INS. 8 U.S.C. § 1255(a) (2002). Indeed, the INS commendably conceded at oral argument that apart from a few formalities that needed to be carried out, if the hearing had been held, Singh would not have been ordered deported.

The IJ, however, denied Singh’s motion to reopen and rescind the deportation order. The BIA denied his appeal with a conclusory statement that there were not exceptional circumstances as required by 8 U.S.C. § 1252b(c)(3)(A) (1994). [1] He appeals the BIA’s decision claiming that his is the exceptional case, and we agree.

We review the BIA’s decision for abuse of discretion. Sharma v. INS, 89 F.3d 545, 547 (9th Cir.1996). We will reverse the BIA’s denial of a motion to reopen if it is “arbitrary, irrational, or contrary to law.” Ahwazi v. INS, 751 F.2d 1120, 1122 (9th Cir.1985). A petitioner is entitled to reeission of a deportation order issued in absentia by filing a motion to reopen within 180 days of the date of the order of removal and by demonstrating that “exceptional circumstances” were the cause of the failure to appear. 8 U.S.C. § 1252b(c)(3)(A) (1994). “Exceptional circumstances” is defined by statute as “exceptional circumstances (such as serious illness of the alien or death of an immediate relative of the alien, but not including less compelling circumstances) beyond the control of the alien.” 8 U.S.C. § 1252b(f)(2) (1994).

The INS contends that failing to attend a hearing on a claim of mistake is not an exceptional circumstance because it hap pens frequently. Both of the cases on which it relies, and where we held exceptional circumstances did not exist, were cases in which the petitioners were not, as Singh is, the beneficiary of an approved visa petition. Those petitioners were merely seeking to delay the inevitable. See Singh-Bhathal v. INS, 170 F.3d 943, 944 (9th Cir.1999); Sharma, 89 F.3d at 546.

In Singh-Bhathal, the petitioner was taken into INS custody after entering the United States illegally. 170 F.3d at 944. He was released on bail and was sent a notice that he was to appear at a deportation hearing. He did not appear and was ordered deported in absentia. Id. He then filed an application for asylum under an alias at an INS office in another city. Id. We affirmed the BIA’s dismissal of his appeal because he had not filed a timely motion to reopen and because we found that he had made a voluntary choice not to appear. Singh Bhathal had every reason not to appear for his hearing, since he lacked a plausible claim to avoid deportation.

We affirmed the BIA’s dismissal of the petitioners’ appeal in Sharma, when the petitioners were 45 minutes to one hour late for their deportation hearing due to traffic congestion and parking difficulties, because we agreed that the petitioners had not established exceptional circumstances. 89 F.3d at 546. The petitioners’ only possibility of relief from deportation in that[*1040] ease was a discretionary grant of asylum. The IJ had previously warned the hearing would proceed in absentia if they did not appear, and this court stressed the importance of the government’s interest “in preserving incentives to discourage delays in requests for relief.” Id. at 547-48.

Cases from other circuits relied upon by the INS also involved petitioners who failed to appear for a hearing where they faced adverse actions. In de Morales v. INS, 116 F.3d 145 (5th Cir.1997), the petitioners had no asylum or other claims for relief pending when they failed to appear at their first deportation hearing. Id. at 146. In Thomas v. INS, 976 F.2d 786 (1st Cir.1992) (per curiam), the petitioner was subject to deportation based on conviction of a serious crime. Id. at 787.

This court must look to the “particularized facts pressented in each case” in determining whether the petitioner has established exceptional circumstances. Singh v. INS, 213 F.3d 1050, 1052 (9th Cir.2000). This case is exceptional, because the petitioner had no possible reason to try to delay the hearing. Indeed, the hearing was the culmination of years of efforts to obtain lawful permanent residence status. Singh diligently appeared for all of his previous hearings and had even requested a change of venue when he believed he and his wife were to move to another state. The record reflects that Singh could have easily misunderstood the time of the January 21 hearing, since three of his previous hearings were scheduled for 1:00 p.m. Singh’s appearance at his attorney’s office at 12 p.m, a full hour before Singh believed he needed to appear at the courthouse, supports his assertion that he misunderstood the time of his hearing. The order of deportation issued in absentia in this case would result in either the break-up of a family or if the family were to remain intact* the ouster of three American citizens-Singh’s wife and two children.

We agree with the Seventh Circuit that the INS should not deny reopening of an in absentia deportation order where the denial leads to the unconscionable result of deporting an individual eligible for relief from deportation. See Chowdhury v. INS, 241 F.3d 848 (7th Cir.2001). There, the petitioner was ordered deported in absentia and his immediate relative visa petition was then approved while his appeal of the deportation order was pending. Id. at 849. The BIA denied reopening and thus, the petitioner stood to be deported without ever having the INS consider the merits of his application for adjustment of status which, like Singh’s application in this case, stated he had married an American citizen. Id. at 853. The INS argued that because the petitioner had the option of returning to his native country of Bangladesh, presenting his approved visa petition to the consulate there and applying for a visa, the deportation order was not “unconscionable.” Id. The court rejected the argument and held that the BIA regulations “should not be so strictly interpreted as to provide unreasonable, unfair, and absurd results.” Id. We would approve just such an absurd result if we were to approve the BIA’s order denying reopening and thereby requiring the deportation of an individual with a valid claim for relief from deportation. We conclude that the BIA abused its discretion by entering an order that was arbitrary and irrational.

We therefore GRANT the petition for review, and REMAND the case to the BIA for consideration of the merits of Singh’s application for adjustment of status.

1

. Section 1252b was deleted by' the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Pub.L. No. 104 208, § 304(a), 110 Stat. 3009 (1996), and recodi-fied in essentially the same form at 8 U.S.C. § 1229a(b)(5)(2002).