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Jose Vidal Soriano v. Immigration and Naturalization Service

Jose Vidal SORIANO, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent

Soriano v. Immigration & Naturalization Serv., 45 F.3d 287 (8th Cir. 1995)
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Court
Court of Appeals for the Eighth Circuit · U.S. Courts of Appeals
Decided
January 24, 1995
Docket
No. 94-2293
Judges
Bowman, Fagg, MeMILLIAN, Per Curiam
Citations
45 F.3d 2871995 WL 236801995 U.S. App. LEXIS 1262

Opinion — Per Curiam

PER CURIAM.

When the Immigration and Naturalization Service (INS) began deportation proceedings against Jose Vidal Soriano, a citizen of El Salvador, Soriano conceded deportability, but applied for asylum and withholding of deportation. At a hearing before an Immigration Judge (IJ), Soriano testified the El Salvadoran army had interrogated him about being a guerilla and hurt his arm. The IJ doubted the credibility of Soriano’s uncorroborated testimony, and concluded Soriano failed to show a clear probability of persecution entitling him to asylum or a well-founded fear of persecution entitling him to withholding of deportation. The IJ thus denied Soriano’s application. In his notice of appeal to the Board of Immigration Appeals (BIA), Sori-ano briefly repeated his factual allegations and maintained simply that his testimony at the deportation hearing “showed a well-founded fear of persecution.” Soriano did not file a brief. The BIA summarily dismissed Soriano’s appeal under a regulation allowing summary dismissal when the appellant fails to specify the reasons for the appeal.

See 8 C.F.R. § 3.1 (d)(l-a)(i)(A) (1994). Soriano now petitions for review of the BIA’s summary dismissal.

We conclude the BIA did not abuse its discretion in summarily dismissing Soriano’s appeal. The BIA has interpreted 8 C.F.R. § 3.1 (d)(1-a)(i)(A) as requiring an appellant to be specific about the reasons for appeal.

Nazakat v. INS, 981 F.2d 1146, 1148 (10th Cir.1992). The stated reasons for the appeal must inform the BIA of which errors the IJ made and why.

Id.

Here, the reasons Sori-ano gave for his appeal did not convey this information. Accordingly, we deny Soriano’s petition for review.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

1995: 12002: 12026: 219952026peak 2026 · 2

Relies on it most ⓘ

  1. Singh v. Swan908 F. Supp. 634 (E.D. Wis. 1995)
  2. JEAN23 I. & N. Dec. 373 (BIA 2002)
  3. Elisa Leon Gonzalez v. Todd BlancheNo. 25-1451 (8th Cir. May 13, 2026)
  4. Santos Teresa Sanchez Henrriquez v. Todd BlancheNo. 25-1667 (8th Cir. July 30, 2026)

Most recent

  1. Santos Teresa Sanchez Henrriquez v. Todd BlancheNo. 25-1667 (8th Cir. July 30, 2026)
  2. Elisa Leon Gonzalez v. Todd BlancheNo. 25-1451 (8th Cir. May 13, 2026)
  3. JEAN23 I. & N. Dec. 373 (BIA 2002)
  4. Singh v. Swan908 F. Supp. 634 (E.D. Wis. 1995)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Yousef Nazakat v. Immigration & Naturalization Serv., 981 F.2d 1146 (10th Cir. 1992) 35

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