Background
Petitioner Jose Alberto Torres Diaz sought review of the Board of Immigration Appeals’ summary dismissal of his appeal and its subsequent denial of a motion to reconsider. The petitioner argued that his notice of appeal was sufficiently specific despite lacking a separate brief.
The court’s reasoning
The court applied the abuse of discretion standard, noting that the Board employs a strict specificity requirement. The petitioner’s notice offered only a meager description of the grounds for appeal, leaving the Board guessing at the errors alleged. The court found the Board did not abuse its discretion in dismissing the appeal. Regarding the motion to reconsider, the court found no error in the summary dismissal, so the denial of the motion was also proper.
The BIA employs a strict specificity requirement when evaluating the notice of reasons for appeal.
Casas Chavez v. INS, 300 F.3d 1088, 1090 (9th Cir. 2002)
What it means going forward
The petition is denied, the temporary administrative stay of removal is lifted, and the motion to stay removal is denied.