Read the following excerpt from a US court opinion:
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Congress intended by adding the mandatory language combined with the 'exceptional circumstances' standard for reopening under [the amended statute], while leaving intact the permissive language and less stringent 'reasonable cause' standard for avoiding in absentia deportation under § 1252(b)”); Iris Gomez, The Consequences of Nonappearance: Interpreting New Section 242B of the Immigration and Nationality Act, 30 San Diego L. Rev. 75, 150 (1993) ("In the context of a deportation hearing under [the Act], both 'reasonable cause’ and ‘exceptional circumstances' excuse nonappearance at a hearing”). 6 . Such evidence should be presented to the IJ prior to the entrance of the order so that the IJ is given the opportunity to refrain from proceeding in absentia. Typically evidence of this nat
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What is the most suitable continuation to the opinion? Your options are:
A. holding that the ijs failure to inform alien that he is eligible for relief from deportation constitutes due process violation where alien establishes prejudice
B. holding that the ijs failure to inform alien that he was eligible for relief from deportation constitutes a due process violation if alien establishes prejudice
C. holding that alien demonstrated deportation proceedings were fundamentally unfair when alien was deprived effective assistance of counsel
D. recognizing burden is on alien when alien is removable
E. holding that reasonable cause did not justify reopening deportation proceedings when the alien appeared thirty minutes late for the hearing because the alien and his attorney crossed signals about where to meet
Reply with [A, B, C, D, E] only.