Ramirez-Tovar

Ramirez-Tovar v. Ashcroft

Good Law
91 F. App'x 599
United States Court of Appeals for the Ninth CircuitMarch 23, 2004No. 02-70938California257 words

Opinion

Lead Opinion

MEMORANDUM **

Miguel Angel Ramirez-Tovar and his wife Claudia Ramirez-Rojas, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) summary dismissal under 8 C.F.R. § 3000.1 (d)(2)® of their appeal from an immigration judge’s decision denying them application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review the BIA’s summary dismissal for failure to file a brief to determine whether it was appropriate. Vargas-Garcia v. INS, 287 F.3d 882, 884 (9th Cir.2002). We grant the petition, and remand for further proceedings.

Summary dismissal was not appropriate because Petitioners’ Notice of Appeal sufficiently specified their grounds for appeal. See Casas-Chavez v. INS, 300 F.3d 1088, 1090-91 (9th Cir.2002) (holding that the notice of appeal to the BIA met the specificity requirement where petitioner directed the BIA’s attention to specific portions of the Id’s opinion and included supporting authority); see also 8 C.F.R. § 3000.1 (d)(2)® (formerly 8 C.F.R. § 3.1 (d)(2)®).

Because the BIA’s summary dismissal was not appropriate, we remand to the BIA for further proceedings for a decision on the…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.