Opinion · Court of Appeals for the Ninth Circuit

Juan Carlos Reyes-Mendoza v. Immigration and Naturalization Service

774 F.2d 1364

Type
Opinion
Court
Court of Appeals for the Ninth Circuit
Jurisdiction
Federal
Date
1985-12-23
Topic
estate-planning

How later courts describe this case

  • 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
  • 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 dismissal appropriate where Notice of Appeal lacked sufficient specificity and no separate written brief was filed
  • in affirming BIA summary dismissal of appeal, the court stated Holguin standard that petitioner must “inform the BIA of what aspects of the IJ’s decision were allegedly incorrect and why”

Citator

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Cited by
69 opinions
REYES-MENDOZA v. IMMIGRATION NATURALIZATION,774 F.2d 1364(9th Cir. 1985)
JUAN CARLOS REYES-MENDOZA, PETITIONER, v. IMMIGRATION AND NATURALIZATION
SERVICE, RESPONDENT.
No. 84-7712.
United States Court of Appeals, Ninth Circuit.
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.
CYNTHIA HOLCOMB HALL, Circuit Judge:
[1] 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.

[2] Following the IJ's oral decision, Reyes, through his attorney, appealed to the BIA using Form I-290A (Notice of Appeal).1In 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."

[3] However, despite two extensions of time, no such separate written brief orPage 1365statement 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).

[4] AFFIRMED.
  1. Reyes' attorney, Gary Silbinger, signed the Form. We assume that he also prepared the Form. ↩