Ernesto T. Garcia v. Immigration and Naturalization Service

19 F.3d 1440 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ernesto T. GARCIA, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 93-70672. United States Court of Appeals, Ninth Circuit. Submitted March 8, 1994. * Decided March 16, 1994. Before: FLETCHER, BRUNETTI, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Ernesto T. Garcia, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals' ("BIA") summary dismissal of his appeal for failure to adequately specify the grounds for the appeal pursuant to 8 C.F.R. Sec. 3.1(d)(1-a)(i). We have jurisdiction pursuant to 8 U.S.C. Sec. 1105a and grant the petition for review. 3 * Background 4 On August 3, 1988, Garcia was charged with being deportable pursuant to section 241(a)(2) of the Immigration and Naturalization Act ("Act"), 8 U.S.C. Sec. 1251 (a)(11), as a non-immigrant alien who had remained in the United States longer than permitted. 1 5 Garcia sought relief from…