TORRE

Citations

• 19 I. & N. Dec. 18

Syllabus

TORRE, 19 I&N Dec. 18 (BIA 1984) ID 2954 (PDF) (1) In an appeal from an immigration judge's decision in a deportation case, the record of proceeding must always contain the immigration judge's order, the Order to Show Cause and Notice of Hearing (Form I-221), any exhibits, and the Notice of Appeal (Form I-290A). (2) Where it appears that an appeal may be appropriate for summary dismissal under 8 C.F.R. Sec. 3.1(d)(1-a)(1984), either party may request that the immigration judge forward the case to the Board without a transcript of the hearing. (3) If the immigration judge determines that a transcript is necessary for proper adjudication of the appeal, he may direct that a transcript be included, and there shall be no appeal from this determination otherwise, the immigration judge shall forward the request for review without a transcript to the Board for resolution, together with the other documents required to be included in the record. Matter of Gamboa, 14 I&N Dec. 244 (BIA 1972), modified in part.