Elmer Hodgson-Smith v. Immigration and Naturalization Service

69 F.3d 544 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Elmer HODGSON-SMITH, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 94-70925. United States Court of Appeals, Ninth Circuit. Submitted Oct. 24, 1995. * Decided Nov. 1, 1995. Before: BEEZER, THOMPSON, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Petitioner Elmer Hodgson-Smith, a native and citizen of Nicaragua, petitions for review of the Board of Immigration Appeals' summary dismissal of his appeal from a deportation order denying him asylum and withholding of deportation. Petitioner argues that the dismissal procedures used by the BIA violated his due process rights. We have jurisdiction pursuant to 8 U.S.C. Sec. 1105a(a), and we grant the petition for review. 3 A petitioner's due process rights may be violated by the "concatenation of EOIR-26, the BIA's strict Notice of Appeal requirements, and the failure to give any advance warning before an appeal is dismissed." Padilla-Agustin…