Ricardo Wilmer Diaz-Soza v. Immigration and Naturalization Service

76 F.3d 385 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ricardo Wilmer DIAZ-SOZA, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 95-70039. United States Court of Appeals, Ninth Circuit. Submitted Jan. 23, 1996. * Decided Jan. 30, 1996. Before: ALARCON, HALL, and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Ricardo Wilmer Diaz-Soza, a native and citizen of Nicaragua, petitions for review of the Board of Immigration Appeals' ("BIA") summary dismissal of his appeal from an Immigration Judge's ("IJ") order denying him asylum and withholding of deportation under sections 208(a) and 243(h) of the Immigration and Nationality Act, 8 U.S.C. §§ 1158 (a) & 1253(h). We have jurisdiction pursuant to 8 U.S.C. § 1105a(a), and we grant the petition for review. 3 We review the BIA's summary dismissal of an appeal for lack of specificity to determine whether the dismissal was appropriate. See Padilla-Agustin v. INS, 21 F.3d 970, 973 (9th…