Interim Decision # 3039
MATTER OF LODGE
In Deportation Proceedings
A-20112431
Decided by Board December 22, 1987
(1) Oral argument is heard at the discretion of the Board of Immigration Appeals
and will not be granted unless the party appealing has specified the reasons for
the appeal in some meaningful fashion.
(2) The appealing party is not relieved of the responsibility for meaningfully informing the Board of the reasons for the appeal simply by requesting oral argument in
the Notice of Appeal (Form I 290A).
-
(3)Where the Notice of Appeal is conclusory and does not meaningfully apprise the
Board of the issues on appeal, the appeal may be summarily dismissed under 8
C.F.R. § 3.1(dX1-aXi) (1987) even in cases where oral argument has been requested.
CHARGE: •
Order: Act of 1952—Sec. 241(aX1) [
8 U.S.C. §1251(aX1)l—Excludable at entry
under section 212(aX9) [8 U.S.C. § 1182(aX9)}—Crime involving moral turpitude
ON BEHALF OF RESPONDENT: ON BEHALF OF SERVICE:
Aaron I. Makin, Esquire William F. Jankun
1501 Broadway, Suite 1912 General Attorney
New York, New York 10036
BY: Milhollan, Chairman; Dunne, Morris, Vacca, and Heilman, Board Members
In a decision dated April 16, 1986, an immigration judge found
the respondent deportable based on his own admissions, denied his
applications for adjustment of status and voluntary departure, and
ordered him deported to Jamaica. The respondent appealed. Oral
argument before the Board is denied. The appeal will be dismissed.
In his Notice of Appeal (Form I-290A), the respondent, through
counsel, states the following as the reason for his appeal: "Decision
not based on evidence adduced and discretion is warranted." The
respondent requested oral argument and stated that he would be
filing a written brief or statement. He requested additional briefing
time following receipt of the records. A transcript of the proceedings was prepared and served on counsel and the respondent was
500
Interim Decision #3039
granted additional time to prepare his brief. However, no brief has
ever been submitted.
In Matter of Valencia, 19 I&N Dec. 354 (3IA 1986), we held that
where only a generalized statement of the reason for an appeal is
given in the Notice of Appeal and no separate brief is filed, the
appeal may be summarily dismissed under
8 C.F.R. § 3.1(d)(1-a)(i)
(1987) for failure to adequately specify the reasons for the appeal.
In this case, unlike in Matter of Valencia, the respondent did request oral argument. However, we find Matter of Valencia still to
be controlling. See Bonne-Annee v. INS,
810 F.2d 1077 (11th Cir.
1987); Townsend v. United States Department of Justice, INS,
799
F.2d 179 (5th Cir. 1986); Reyes-Mendoza v. INS,
774 F.2d 1364 (9th
Cir. 1985). Simply indicating on the Notice of Appeal that oral argument is desired does not relieve the respondent of the responsibility for meaningfully informing the Board of the reason for the
appeal. We note in this regard that oral argument may be heard in
a ease at the discretion of the Board.
8 C.F.R. § 3.1(e) (1987). The
purpose of oral argument is to aid the Board by emphasizing and
clarifying arguments that have already been identified as being at
issue in the case. Oral argument will not be granted if the party
appealing has not specified the reasons for the appeal in some
meaningful fashion, ordinarily by a brief or statement in support of
the appeal. It should be self-evident that oral argument is not an
alternative mechanism for initially identifying for the Board and
the opposing party the reasons for the appeal. Where the basis for
the appeal has not been meaningfully identified, the fact that oral
argument is requested will not preclude an appeal from being summarily dismissed under the provisions of
8 C.F.R. § 3.1(d)(1-a)(i)
(1987). In the present case the respondent's Notice of Appeal is conclusory and does not in any way apprise the Board of the particular basis for his claim that the immigration judge's decision is
wrong. The case is appropriate for summary dismissal.
ORDER: The appeal is summarily dismissed under the provisions of
8 C.F.R. § 3.1(d)(1-a)(i) (1987).
Km
