BALIBUNDI

Interim Decision #3053




                           MATTER OF BALIBUNDI

                           In Deportation Proceedings

                                   A-26639054

                       Decided by Board April 5, 1988

(1)When a hearing is scheduled to consider an application for relief by a respondent
  and the respondent fails to appear at the hearing, the application should be
  deemed abandoned.
(2) As the regulations specifically require that an applicant be examined in person
  prior to the adjudication of his applications for asylum and withholding of deportation, his applications should not be considered on the merits upon his failure to
  appear at his hearing.

CHARGE:
 Order: Act of 1952—Sec. 241(a)(9) [

(aX9)]—Nonimmigrant—failed to
                      comply with conditions of status
ON BEHALF OF RESPONDENT:                           ON BEHALF OF SERVICE:
 Pro se                                             John B. Bartos
                                                    District Counsel

BY: Milli°Ilan, Chairman; Dunne, Morris, Vacca, and Heilman, Board Members



  In a decision dated July 13, 1984, the immigration judge found
the respondent deportable on the charge set forth above and denied
his applications for asylum and withholding of deportation under
sections 208 and 243(h) of the Immigration and Nationality Act, 

 and 1253(h) (1982), but granted him the privilege of
voluntary departure. The respondent has appealed. The appeal will
be dismissed. 1
  The respondent is a 30-year-old single, male native and citizen of
Uganda. On November 16, 1983, an Order to Show Cause, Notice of
Hearing, and Warrant for Arrest of Alien (Form I-221S) was issued
alleging that the respondent was admitted to the United States on

    The Immigration and Naturalization Service has urged that the respondent's
appeal be summarily dismissed pursuant to 

(dX1-a) (i) and (iv) (1988).
Based on a review of the record in its entirety, we conclude that summary dismissal
is not appropriate in this case.

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                                             Interim Decision #3053

January 17, 1978, as a nonimmigrant student and extensions were
granted for duration of status; that he has not attended school
since the fall semester of 1982; and that he is without funds to
maintain himself in the United States. He was charged with deportability under section 241(a)(2) of the Act, 

(a)(9)
(1982). At the hearing on November 17, 1983, the respondent admit,•
ted the truth of each of the allegations in the Order to Show Cause.
We find that deportability has been established by clear, unequivocal, and convincing evidence. See 

(a) (1988); Woodby
v. INS, 

 (1966).
   At the hearing held on November 17, 1983, the respondent also
told the immigration judge that he wanted to apply for asylum because he thought that he would be killed if he returned to Uganda.
The immigration judge gave the respondent 10 days in which to file
his Request for Asylum in the United States (Form 1-589) and continued the case. At the hearing held on July 13, 1984, the respondent did not appear. The immigration judge determined that the respondent's failure to appear was -willful, as the respondent had received actual notice of the hearing and had not contacted the court
or the Service. He therefore adjudicated the respondent's persecution claim based on the written application submitted by the respondent and found that the respondent had failed to establish his
eligibility for asylum and withholding of deportation.
   On appeal, the respondent contends that he has a well-founded
fear of persecution in Uganda. He discusses various facts related to
his persecution claim and submits documentary evidence in support of that claim. He does not, however, address his failure to
appear at the July 13, 1984, hearing.
   When a hearing is scheduled to consider an application for relief
by a respondent and the respondent fails to appear at the hearing,
the application should be deemed abandoned. See Matter of Nafi,

 (l31A 1987) (exclusion proceedings). As to the particular applications here, asylum and withholding of deportation,
the regulations specifically require that an applicant be examined
in person prior to their adjudication. See 

, 242.17(c)
(1988). For both reasons, the respondent's applications should not
have been further considered on the merits upon the respondent's
failure to appear at his hearing. We find, therefore, that the respondent's applications for asylum and withholding of deportation
have been abandoned and that our review on appeal of the merits
of the respondent's persecution claim is not warranted.
   Accordingly, the appeal will be dismissed.
   ORDER: The appeal is dismissed.
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Interim Decision #3053

  FURTHER ORDER: Pursuant to the immigration judge's
order and in accordance with our decision in Matter of Chouliaris,

 (BIA 1977), the respondent is permitted to depart
from the Milted States voluntarily within 30 days from the date of
this order or any extension beyond that time as may be granted by
the district director; and in the event of failure so to depart, the
respondent shall be deported as provided in the immigration
judge's order.




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