Alejandro Cesar Ruiz-Castillo v. Immigration and Naturalization Service

83 F.3d 428 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Alejandro Cesar RUIZ-CASTILLO, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 94-70862. United States Court of Appeals, Ninth Circuit. Submitted April 8, 1996. * Decided April 18, 1996. 1 Before: NORRIS and WIGGINS, Circuit Judges, and McKIBBEN, District Judge ** . 2 MEMORANDUM *** 3 The threshold question in this case is the adequacy of petitioner Alejandro Ruiz-Castillo's notice of appeal to the Board of Immigration Appeals ("BIA"). See Vargas v. Immigration and Naturalization Serv., 831 F.2d 906, 907-08 (9th Cir.1987) (holding that court of appeals has no jurisdiction to decide issues not raised before BIA). Reviewing the BIA's determination de novo, see United States v. McConney, 728 F.2d 1195, 1201 (9th Cir.), cert. denied, 469 U.S. 824 (1984), we hold that the notice of appeal was adequate, and reverse the BIA's dismissal of Ruiz-Castillo's appeal. 4 At the close of Ruiz-Castillo's…