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SINGH v. GONZALES

No. 03-72494.

416 F.3d 1006 (2005)

Sarbjit SINGH, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed July 29, 2005.

Attorney(s) appearing for the Case

Martin Resendez Guajardo, Law Office of Martin Resendez Guajardo, San Francisco, CA, for the petitioner.

Peter D. Keisler, David Bernal, S. Nicole Nardone, Office of Immigration Litigation, Civil Division, United States Justice Department, Washington, DC, for the respondent.

Before WALLACE, RAWLINSON, and BYBEE, Circuit Judges.

BYBEE, Circuit Judge.

This case presents yet another due process challenge to the Notice of Appeal and summary dismissal procedures employed by the Board of Immigration Appeals ("BIA").

For more than thirty years, BIA regulations have authorized summary dismissal of appeals for which the petitioner fails to adequately specify the grounds for error. The regulations were later amended to also authorize summary dismissal where the petitioner indicates an intent...

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