From Casetext: Smarter Legal Research

Reyes-Mendoza v. Immigration Naturalization

United States Court of Appeals, Ninth Circuit
Sep 10, 1985
774 F.2d 1364 (9th Cir. 1985)

Summary

holding the Notice of Appeal must "inform the BIA of what aspects of the IJ's decision were allegedly incorrect and why"

Summary of this case from Casas-Chavez v. I.N.S.

Opinion

No. 84-7712.

Argued and Submitted September 5, 1985.

Decided September 10, 1985. As Amended December 23, 1985.

Gary Silbiger, Los Angeles, Cal., for petitioner.

Lawrence Chamblee, Asst. U.S. Atty., Los Angeles, Cal., for respondent.

Petition for Review of an Order of the Board of Immigration Appeals.

Before CANBY, BEEZER, and HALL, Circuit Judges.


In August 1983 an Immigration Judge (IJ) found petitioner Juan Carlos Reyes-Mendoza deportable, denied Reyes' motion for suspension of deportation, and granted Reyes voluntary departure. The Board of Immigration Appeals (BIA) summarily dismissed his appeal. We affirm.

Following the IJ's oral decision, Reyes, through his attorney, appealed to the BIA using Form I-290A (Notice of Appeal). In response to the request on the Form that he "[b]riefly, state reasons for this appeal," Reyes' counsel wrote "Wrongful denial of suspension of deportation." Below, he filled in blanks provided by the Form indicating: "I DO desire oral argument before the [BIA]" and "I AM filing a separate written brief or statement."

Reyes' attorney, Gary Silbinger, signed the Form. We assume that he also prepared the Form.

However, despite two extensions of time, no such separate written brief or statement was submitted to the BIA. The BIA therefore summarily dismissed the appeal pursuant to 8 C.F.R. § 3.1(d)(1-a)(i) for failure to specify sufficiently the basis for appeal. We affirm. The six-word statement on the Form was inadequate to inform the BIA of what aspects of the IJ's decision were allegedly incorrect and why. See Matter of Holquin, 13 I N Dec. 423, 425-26 (BIA 1969). Summary dismissal was therefore appropriate. See Santana-Figueroa v. I. N.S., 644 F.2d 1354, 1357 n. 9 (9th Cir. 1981).

AFFIRMED.


Summaries of

Reyes-Mendoza v. Immigration Naturalization

United States Court of Appeals, Ninth Circuit
Sep 10, 1985
774 F.2d 1364 (9th Cir. 1985)

holding the Notice of Appeal must "inform the BIA of what aspects of the IJ's decision were allegedly incorrect and why"

Summary of this case from Casas-Chavez v. I.N.S.

concluding summary dismissal was appropriate because a six-word statement on the Notice of Appeal form inadequately informed the BIA of the grounds for appeal

Summary of this case from Singh v. Gonzales

affirming BIA's summary dismissal of appeal where the notice of appeal contained only the conclusory statement that there was a "[w]rongful denial of suspension of deportation"

Summary of this case from Nolasco-Amaya v. Garland

In Reyes-Mendoza we approved the BIA's strict interpretation, reasoning that the Notice of Appeal form must "inform the BIA of what aspects of the IJ's decision were allegedly incorrect and why."

Summary of this case from Singh v. Gonzales
Case details for

Reyes-Mendoza v. Immigration Naturalization

Case Details

Full title:JUAN CARLOS REYES-MENDOZA, PETITIONER, v. IMMIGRATION AND NATURALIZATION…

Court:United States Court of Appeals, Ninth Circuit

Date published: Sep 10, 1985

Citations

774 F.2d 1364 (9th Cir. 1985)

Citing Cases

Toquero v. I.N.S.

Petitioner's argument is unpersuasive in light of the case law in this and other circuits. The only Ninth…

Singh v. Gonzales

We have, on several occasions, commented on the importance of the specificity requirement and the extent of…