Vardan Brunsuzyan, Petitioner, v. Immigration and Naturalization Service, Respondent, 53 F.3d 337 (9th Cir. 1995)Annotate this Case
Before: BROWNING, SNEED, and T.G. NELSON, Circuit Judges.
Vardan Brunsuzyan, a native and citizen of Armenia, petitions for review of the Board of Immigration Appeals' ("BIA") summary dismissal of his appeal of the decision of the immigration judge finding him statutorily ineligible for a waiver of inadmissibility under section 212(c) of the Immigration and Nationality Act, 8 U.S.C. § 1182(c). The BIA's dismissal was based on Brunsuzyan's failure to state adequately the basis of his appeal on BIA Notice of Appeal Form EOIR 26. This case is remanded for further consideration in light of this court's recent decision in Padilla-Agustin v. Immigration and Naturalization Service, 21 F.3d 970 (9th Cir. 1994), which held that the BIA Notice of Appeal Form EOIR 26 may result in violations of the due process rights of aliens.
PETITION FOR REVIEW GRANTED.