Hossein G. Vahedi; Fatemeh G. Vahedi, Aka Fatemeh Hessam, Petitioners, v. United States Immigration and Naturalization Service, Respondent, 53 F.3d 341 (9th Cir. 1995)

MEMORANDUM^** 

Hossein and Fatemeh Vahedi, natives and citizens of Iran, petition for review of the Board of Immigration Appeals' ("BIA") summary dismissal of their appeal from the immigration judge's ("IJ") decision finding them deportable as charged and denying their application for asylum and withholding of deportation, 8 U.S.C. §§ 1158(a) and 1253(h). We have jurisdiction pursuant to 8 U.S.C. § 1105a(a). We grant the petition for review.

The BIA summarily dismissed the appeal because the Vahedis' notice of appeal (form EIOR-26) failed to list the issues they intended to present to the BIA with sufficient specificity. See 8 C.F.R. Sec. 3.1(d) (1-a) (i) (A).¹ 

In Padilla-Agustin v. INS, this court held that the combination of the "EOIR-26, the BIA's strict notice of appeal requirements, and the failure to give any advance warning before an appeal is dismissed [violates] the due process rights of an alien." 21 F.3d 970, 977 (9th Cir. 1994). Accordingly, because our opinion in Padilla-Agustin calls into question the adequacy of the BIA's summary dismissal procedures, we grant the petition for review. We remand so that the BIA may consider in the first instance whether its summary dismissal of the Vahedis' appeal complied with the standards set forth in Padilla-Agustin.

PETITION GRANTED AND REMANDED.