CESPEDES

Citations

• 19 I. & N. Dec. 730

Syllabus

CESPEDES, 19 I&N Dec. 730 (BIA 1988) ID 3077 (PDF) (1) A record of proceeding forwarded to the Board without a transcript of the proceedings pursuant to a motion for summary dismissal of the appeal under Matter of Torre, 19 I&N Dec. 18 (BIA 1984), must include a transcript of the immigration judge's decision in its entirety the forwarding of the \order\ and \further order\ portions of the immigration judge's decision alone is insufficient. (2) The mere statement on a Notice of Appeal (Form I-290A) that a brief will be filed upon receipt of a transcript of the proceeding does not absolve the appealing party of the responsibility of adequately identifying the reasons for appeal on the Notice of Appeal. (3) Where a motion for summary dismissal of an appeal has been made, the appellant can respond in various manners: (1) argument can be made that the statements in the Notice of Appeal adequately set forth the reasons for the appeal (2) the statement on appeal can be elaborated upon to meaningfully identify the reasons for appeal (3) a brief in support of the appeal can be submitted or, (4) if there are unusual reasons why a more explicit statement of the reasons for appeal cannot be provided until a transcript is prepared, they should be clearly identified. (4) Absent a meaningful statement of the reasons for an appeal or an adequate explanation of why a transcript of the proceedings is necessary before such reasons can be set forth, there is no appropriate reason to extend appellate briefing time beyond the period fixed by regulation.