Rodriguez-Valladares v. United States Immigration and Naturalization Service

942 F.2d 793, 1991 U.S. App. LEXIS 26244

• Court: Court of Appeals for the Ninth Circuit
• Decided: August 30, 1991
• Docket: 89-70157
• Status: Unpublished

Opinion

942 F.2d 793

NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
RODRIGUEZ-VALLADARES, Petitioner,
v.
UNITED STATES IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

No. 89-70157.

United States Court of Appeals, Ninth Circuit.

Submitted Aug. 23, 1991.*
Decided Aug. 30, 1991.

Before BROWNING, FARRIS and WILLIAM A. NORRIS, Circuit Judges.

MEMORANDUM**

Oscar Enrique Rodriguez-Valladares, a native and citizen of Nicaragua, petitions for review of the Board of Immigration Appeals' ("BIA") summary dismissal of his appeal for failure to adequately specify the grounds for the appeal pursuant to 8 C.F.R. § 3.1(d)(1-a)(i). We have jurisdiction pursuant to 8 U.S.C. § 1105a(a) and grant the petition for review.

While inartfully articulated, Rodriguez-Valladares' notice of appeal adequately "inform[s] the BIA of what aspects of the IJ's decision were allegedly incorrect and why." Reyes-Mendoza v. INS, 774 F.2d 1364, 1365 (9th Cir.1985) (citing Matter of Holquin, 13 I & N Dec. 423, 425-26 (BIA 1969)); see also Martinez-Zelaya, 841 F.2d at 296.. Accordingly, we grant the petition for review and remand the case to the BIA for determination on the merits.

PETITION GRANTED.

* The panel unanimously finds this case suitable for disposition without oral argument. Fed.R.App.P. 34(a); 9th Cir.R. 34-4

** This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3