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Keywords

appealhearingdeportation
appealhearingdeportation

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Escobar-Ramos v. Immigration and Naturalization Service

Facts

Petitioners were apprehended entering the United States and were served with orders to show cause on May 7, 1984. A deportation hearing was held, and on December 2, 1985, the Immigration Judge ordered petitioners deported and granted them voluntary departure. On December 12, 1985, petitioners' counsel filed a notice of appeal but failed to submit a brief or request additional time to do so. The BIA upheld the Immigration Judge's decision and dismissed the appeal due to the lack of adequate reasons provided in the notice of appeal.

Petitioners were apprehended entering the United States and were served with orders to show cause on May 7, 1984. A deportation hearing was held and on December 2, 1985 the Immigration Judge ordered petitioners deported and granted them voluntary departure. On December 12, 1985 petitioners' counsel filed a notice of appeal (Form 1-290A) in which he stated generally the grounds for appeal and indicated that, although he did not desire oral argument, he would file a separate written brief after reviewing the transcript of the hearing. Petitioners' counsel never submitted a brief, requested additional time to do so or offered an explanation for his failure to do so.

Issue

Did the petitioners receive sufficient time to prepare a brief for their appeal to the BIA, and were the reasons stated in their notice of appeal adequate for appellate consideration?

Did the petitioners receive sufficient time to prepare a brief for their appeal to the BIA, and were the reasons stated in their notice of appeal adequate for appellate consideration?

Rule

The reasons for the appeal must inform the BIA of 'what aspects of the IJ's decision were allegedly incorrect and why.'

The reasons for the appeal must inform the BIA of 'what aspects of the IJ's decision were allegedly incorrect and why.'

Analysis

The court found that the reasons stated in petitioners' notice of appeal were not adequately detailed to permit appellate consideration. The petitioners did not make any effort to secure additional time or provide an adequate explanation of their grounds for appeal during the eight months between the completion of the transcript and the BIA's decision.

The court found that the reasons stated in petitioners' notice of appeal were not adequately detailed to permit appellate consideration. The petitioners did not make any effort to secure additional time or provide an adequate explanation of their grounds for appeal during the eight months between the completion of the transcript and the BIA's decision.

Conclusion

The court affirmed the BIA's decision and denied the petition for review.

We affirm the BIA's decision. The reasons for the appeal must inform the BIA of 'what aspects of the IJ's decision were allegedly incorrect and why.'

Who won?

The Board of Immigration Appeals prevailed because the petitioners failed to provide adequate reasons for their appeal and did not demonstrate that they were denied sufficient time to prepare their brief.

The Board of Immigration Appeals prevailed because the petitioners failed to provide adequate reasons for their appeal and did not demonstrate that they were denied sufficient time to prepare their brief.

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