Court of Appeals for the Ninth Circuit August 27, 2003, 02-70384 (Fong Yang Lo, AKA Fong Yang Yu Bin Lo v. John D. Ashcroft, Attorney General)

OPINION

DAVID R. THOMPSON, Circuit Judge:

When Yu Bin Lo and Fong Yang Lo (“petitioners”), husband and wife, failed to appear at their scheduled removal hearing, the Immigration Judge (“IJ”) ordered them removed

in absentia

pursuant to 8 U.S.C. § 1229a(b)(5)(A).

1

They filed motions to reopen, asserting that their failure to appear was due to their counsel’s ineffective assistance and Mrs.