Rafael Arnoldo CASTILLO-MANZANAREZ, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent

Petitioner Rafael Arnoldo Castillo-Manza-narez, a native and citizen of Nicaragua, petitions for review of the Board Immigration Appeals’ (BIA) summary dismissal of his appeal from a deportation order denying him asylum and withholding of deportation. Petitioner argues that the BIA erroneously concluded that his Notice of Appeal was not sufficiently specific and that the dismissal procedures used by the BIA in this case violated his due process rights. We have jurisdiction over this timely appeal pursuant to 8 U.S.C. § 1105a(a) and we reverse.

I

Petitioner entered the United States without inspection on July 23,1985 in violation of 8 U.S.C. § 1251 (a)(2) (1982) (currently codified at 8 U.S.C. § 1251 (a)(1)(B) (1994)). On May 9, 1989, the Immigration and Naturalization Service (INS) issued an Order to Show Cause why Petitioner should not be deported. At the deportation hearing before the Immigration Judge (IJ), Petitioner conceded deportability, but argued that he was entitled to asylum and withholding of deportation under 8 U.S.C. §§ 1158 (a) and 1253(h). After a hearing on the merits, the IJ concluded that because the only fear articulated by Petitioner was that of legitimate…