Clarence Benjamin Townsend & Julia Mydea Randall Townsend v. U.S. Dep't of Just. Immigr. & Naturalization Serv., 799 F.2d 179 (5th Cir. 1986). · Go Syfert
Clarence Benjamin Townsend & Julia Mydea Randall Townsend v. U.S. Dep't of Just. Immigr. & Naturalization Serv., 799 F.2d 179 (5th Cir. 1986). Cases Citing This Book View Copy Cite
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cited 2× by 2 distinct cases, 2022–2024 · 2 courts · …when exhaustion is statutorily mandated, the requirement is jurisdictional. at p. 181
137 citation events (62 in the last 25 years) across 23 distinct courts.
Strongest positive: Moon v. USP Beaumont (txed, 2024-01-30)
Treatment trajectory · 1987 → 2026 · click a year to view as-of
1987 2006 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Moon v. USP Beaumont
E.D. Tex. · 2024 · quote attribution · 1 verbatim quote · confidence high
when exhaustion is statutorily mandated, the requirement is jurisdictional.
discussed Cited as authority (verbatim quote) Maradiaga-Ochoa v. Garland
5th Cir. · 2022 · signal: see also · quote attribution · 1 verbatim quote · confidence high
when exhaustion is statutorily mandated, the requirement is jurisdictional.
discussed Cited as authority (rule) Rangel-Fuentes v. Bondi
10th Cir. · 2025 · confidence medium
A reviewing tribunal ought not to be forced into a needless search for an evanescent needle in a legal haystack merely because an appellant, whether for tactical reasons or out of sheer indolence, neglects to shed light upon the grounds.” (citations omitted)); Townsend v. I.N.S., 799 F.2d 179, 181 (5th Cir. 1986) (affirming summary dismissal by BIA when appellant’s statement of reasons for appeal was that he had “sufficiently established his well-founded fear of persecution according to present caselaw” (internal quotation marks omitted)); see also Rizo v. Lynch, 810 F.3d 688, 692 (9th…
discussed Cited as authority (rule) Rangel-Fuentes v. Garland
10th Cir. · 2024 · confidence medium
A reviewing tribunal ought not to be forced into a needless search for an evanescent needle in a legal haystack merely because an appellant, whether for tactical reasons or out of sheer indolence, neglects to shed light upon the grounds.” (citations omitted)); Townsend v. I.N.S., 799 F.2d 179, 181 (5th Cir. 1986) (affirming summary dismissal by BIA when appellant’s statement of reasons for appeal was that he had “sufficiently established his well-founded fear of persecution according to present caselaw” (internal quotation marks omitted)); see also Rizo v. Lynch, 810 F.3d 688, 692 (9th…
discussed Cited as authority (rule) Okubotin Kia v. William Barr, U. S. Atty Gen
5th Cir. · 2019 · confidence medium
Section 1182(a)(7)(A)(i)(I) provides that an immigrant is ineligible for admission if he does not possess “a valid unexpired immigrant visa,” among other documents. 14 Kia claims he could not have been ineligible BIA may treat motions to reopen as motions to remand for IJ decisions that are pending when an appeal is filed or that are filed while an appeal before the BIA is pending). 10 Chun, 161 F. App’x at 381 ; see de Morales, 116 F.3d at 147 . 11 8 U.S.C. § 1003.2 (c)(1); Luna-Garcia De Garcia v. Barr, 921 F.3d 559, 566 (5th Cir. 2019). 12 Htwe v. Holder, 355 F. App’x 812, 815 (5th…
cited Cited as authority (rule) Levy Samayoa-Montufar v. Jefferson Sessions, III
5th Cir. · 2018 · confidence medium
See Wang v. Ashcroft, 260 F.3d 448, 452-53 (5th Cir. 2001); Townsend v. INS, 799 F.2d 179, 181 (5th Cir. 1986).
discussed Cited as authority (rule) Henry Laryea v. Jefferson Sessions, III
5th Cir. · 2017 · confidence medium
See Wang v. Ashcroft, 260 F.3d 448, 452-53 (5th Cir. 2001) (“An alien fails to exhaust his administrative remedies with respect to an issue when the issue is not raised in the first instance before the BIA— either on direct appeal or in a motion to reopen.”); Townsend v. INS, 799 F.2d 179, 181 (5th Cir. 1986) (holding that this Court lacks jurisdiction to review unexhausted claims). 6 .
cited Cited as authority (rule) Fernando Alameda-Rodriguez v. Jefferson Sessions
5th Cir. · 2017 · confidence medium
Because we lack jurisdiction to review unexhausted claims, see Townsend v. INS, 799 F.2d 179, 181 (5th Cir. 1986), the petition is dismissed.
discussed Cited as authority (rule) Shamieh v. First NBC Bank Holding Co.
La. Ct. App. · 2016 · confidence medium
Numerous cases support this application of FIRREA. “ When exhaustion is statutorily mandated, the requirement is jurisdictional.’ ” Id. (quoting Townsend v. United States Dep’t of Justice Immigration & Naturalization Serv., 799 F.2d 179, 181 (5th Cir.1986)).
cited Cited as authority (rule) Nancy Njoroge v. Loretta Lynch
5th Cir. · 2015 · confidence medium
See Soadjede v. Ashcroft, 324 F.3d 830, 833 (5th Cir.2003) (holding that arguments not briefed are abandoned); Townsend v. INS, 799 F.2d 179, 182 (5th Cir.1986); Fed.
cited Cited as authority (rule) Digna Villalobos-Ramirez v. Loretta Lynch
5th Cir. · 2015 · confidence medium
See Wang v. Ashcroft, 260 F.3d 448, 452-58 (5th Cir.2001); Townsend v. INS, 799 F.2d 179, 181 (5th Cir.1986).
cited Cited as authority (rule) Jhabir Thapa v. Loretta Lynch
5th Cir. · 2015 · confidence medium
See Wang v. Ashcroft, 260 F.3d 448, 452-53 (5th Cir.2001); Townsend v. INS, 799 F.2d 179, 181 (5th Cir.1986) (per curiam).
cited Cited as authority (rule) Bukola Bashorun v. Eric Holder, Jr.
5th Cir. · 2015 · confidence medium
See, e.g., Soadjede, 324 F.3d at 833 ; Townsend v. INS, 799 F.2d 179, 182 (5th Cir.1986) (per curiam); Fed.
cited Cited as authority (rule) Manuel Diaz v. Eric Holder, Jr.
5th Cir. · 2013 · confidence medium
See Faddoul v. INS, 37 F.3d 185, 188 (5th Cir.1994); Townsend v. INS, 799 F.2d 179, 182 (5th Cir.1986).
cited Cited as authority (rule) Venkateswara Pallapothula v. Eric Holder, Jr.
5th Cir. · 2013 · signal: cf. · confidence medium
Cf. Townsend v. INS, 799 F.2d 179, 182 (5th Cir.1986).
discussed Cited as authority (rule) Alvarado v. Holder
5th Cir. · 2009 · confidence medium
See 8 U.S.C. § 1252 (d)(1); Toledo-Hernandez v. Mukasey, 521 F.3d 332, 336 (5th Cir.2008); Townsend v. INS, 799 F.2d 179, 181-82 (5th Cir.1986) (conclusional statements in the notice of appeal did not preserve claim for the BIA’s review).
discussed Cited as authority (rule) Samaniego v. Mukasey
5th Cir. · 2008 · confidence medium
Pursuant to 8 U.S.C. § 1252 (d)(1), this court may review a final order of removal “only if the alien has exhausted all administrative remedies available to the alien as *597 of right.” See also Townsend v. INS, 799 F.2d 179, 182 (5th Cir.1986)(holding that this court lacks jurisdiction to consider issues not decided on the merits by the BIA because “to do so would effectively eliminate one tier of administrative review”).
cited Cited as authority (rule) Dhulasaniya v. Mukasey
5th Cir. · 2008 · confidence medium
Wang v. Ashcroft, 260 F.3d 448, 452 (5th Cir.2001) (citing Townsend v. INS, 799 F.2d 179, 181 (5th Cir.1986)).
discussed Cited as authority (rule) Dawson Farms, LLC v. Farm Service Agency (2×) also: Cited "see, e.g."
5th Cir. · 2007 · confidence medium
Fifth Circuit precedent The Government cites to three cases from the Fifth Circuit in support of its argument that the Second Circuit’s approach towards section 6912 should be followed: Townsend v. U.S. Dep’t of Justice Immigration & Naturalization Serv., 799 F.2d 179, 181 (5th Cir.1986), Meliezer v. Resolution Trust Co., 952 F.2d 879, 882 (5th Cir.1992), and Taylor v. U.S. Treasury Dep’t, 127 F.3d 470, 475 (5th Cir. 1997).
cited Cited as authority (rule) Carreon-Torres v. Gonzales
5th Cir. · 2006 · confidence medium
Wang v. Ashcroft, 260 F.3d 448, 452-53 (5th Cir.2001); Townsend v. INS, 799 F.2d 179, 181 (5th Cir.1986).
discussed Cited as authority (rule) Pasha, Klodiana v. Gonzales, Alberto
7th Cir. · 2005 · confidence medium
The Board may summarily dismiss your appeal if it cannot tell from this Notice of Appeal, or any statements attached to this Notice of Appeal, why you are appealing.” The Board could have invoked this rule and dismissed Pasha’s appeal summarily because the passage we quoted in which her lawyer explained the reasons for the appeal was wholly lacking in specificity. 8 C.F.R. § 1003.3 (b); Rojas- Garcia v. Ashcroft, 339 F.3d 814, 820-21 (9th Cir. 2003); Bayro v. Reno, 142 F.3d 1377, 1379 (11th Cir. 1998); Townsend v. U.S. Dep’t of Justice INS, 799 F.2d 179, 182 (5th Cir. 1986).
discussed Cited as authority (rule) Klodiana Pasha v. Alberto R. Gonzales
7th Cir. · 2005 · confidence medium
The Board may summarily dismiss your appeal if it cannot tell from this Notice of Appeal, or any statements attached to this Notice of Appeal, why you are appealing.” The Board could have invoked this rule and dismissed Pasha’s appeal summarily because the passage we quoted in which her lawyer explained the reasons for the appeal was wholly lacking in specificity. 8 C.F.R. § 1003.3 (b); Rojas-Garcia v. Ashcroft, 339 F.3d 814, 820-21 (9th Cir.2003); Bayro v. Reno, 142 F.3d 1377, 1379 (11th Cir.1998); Townsend v. U.S. Dep’t of Justice INS, 799 F.2d 179, 182 (5th Cir.1986).
cited Cited as authority (rule) Ahmed Bhiski v. John Ashcroft, Attorney General of the United States the United States Bureau of Citizenship and Immigration Services
3rd Cir. · 2004 · confidence medium
Townsend v. INS, 799 F.2d 179, 181-82 (5th Cir.1986) (internal quotation marks and citation omitted).
discussed Cited as authority (rule) Chowdhury v. Ashcroft (2×) also: Cited "see"
5th Cir. · 2004 · confidence medium
Townsend v. United States Dep’t of Justice INS, 799 F.2d 179, 181 (5th Cir.1986); 8 U.S.C. § 1252 (d)(1).
cited Cited as authority (rule) Rashed v. Acosta
5th Cir. · 2003 · confidence medium
See Cardoso v. Reno, 216 F.3d 512, 518 (5th Cir. 1999); Townsend v. United States Dep’t of Justice INS, 799 F.2d 179, 182 (5th Cir. 1986).
cited Cited as authority (rule) Rioja v. Ashcroft
5th Cir. · 2003 · confidence medium
See Medrano-Villatoro v. INS, 866 F.2d 182, 134 (5th Cir.1989); Townsend v. INS, 799 F.2d 179, 182 (5th Cir.1986).
cited Cited as authority (rule) United States v. Girosky-Garibay
W.D. Tex. · 2001 · confidence medium
Townsend v. United States Department of Justice INS, 799 F.2d 179, 180 (5th Cir.1986); see also Witter v. INS, 113 F.3d 549, 554 (5th Cir.1997).
cited Cited as authority (rule) Kuang-Te Wang v. Ashcroft
5th Cir. · 2001 · confidence medium
Townsend v. INS, 799 F.2d 179, 181 (5th Cir.1986).
cited Cited as authority (rule) Nehme v. Immigration & Naturalization Service
5th Cir. · 2001 · confidence medium
Townsend v. INS, 799 F.2d 179, 181 (5th Cir.1986).
discussed Cited as authority (rule) Goonsuwan v. Ashcroft (2×) also: Cited "see"
5th Cir. · 2001 · confidence medium
Pierre v. INS, 932 F.2d 418, 421 (5th Cir.1991) (citing 8 U.S.C. § 1105a(c)); see Mamoka v. INS, 43 F.3d 184, 187 (5th Cir.1995) (“Because the BIA has not ruled on the issue, we will not consider it.”); Townsend v. INS, 799 F.2d 179, 180 (5th Cir.1986) (concluding that because the issues were not properly presented to the BIA “we are without jurisdiction to review petitioners’ arguments”); Yahkpua v. INS, 770 F.2d 1317, 1320 (5th Cir.1985) (petitioner “may not introduce on appeal issues that were not presented to or considered at the administrative level”).
discussed Cited as authority (rule) Hodges v. Shalala
D.S.C. · 2000 · confidence medium
Co. v. Day, 360 U.S. 548 , 79 S.Ct. 1322 , 3 L.Ed.2d 1422 (1959)); Rosa v. RTC, 938 F.2d 383, 395 (3d Cir.1991) ("Congress made this statutory exhaustion requirement [under the FIRREA] explicitly jurisdictional.”); Townsend v. United States Dept. of Justice (INS), 799 F.2d 179, 181 (5th Cir.1986) ("When exhaustion is statutorily mandated, the requirement is jurisdictional.”), quoted in Meliezer, 952 F.2d at 882 . 15 .
discussed Cited as authority (rule) Lopez-Flores v. Resolution Trust Corp.
E.D. Mich. · 2000 · confidence medium
Co. v. Day, 360 U.S. 548 , 79 S.Ct. 1322 , 3 L.Ed.2d 1422 (1959)); Rosa v. RTC, 938 F.2d 383, 395 (3d Cir.1991) (“Congress made this statutory exhaustion requirement [under the FIRREA] explicitly jurisdictional.”); Townsend v. United States Dept. of Justice (INS), 799 F.2d 179, 181 (5th Cir.1986) ("When exhaustion is statutorily mandated, the requirement is jurisdictional.”), quoted in Meliezer, 952 F.2d at 882 . 25 .
discussed Cited as authority (rule) Oscar Camacho-Marroquin, Also Known as Jesus Sanchez v. Immigration and Naturalization Service
5th Cir. · 1999 · confidence medium
This exhaustion requirement is jurisdictional, see Townsend v. INS, 799 F.2d 179, 180 (5th Cir.1986) (construing the almost identical exhaustion requirement in INA § 106(c)), and a party’s failure to satisfy an exhaustion requirement deprives federal courts of jurisdiction.
discussed Cited as authority (rule) Sanchez-Cecena v. INS
4th Cir. · 1998 · confidence medium
Pursuant to 8 C.F.R. § 3.1 (d)(1-a)(i), "[t]he Board may summarily dismiss any appeal . . . in which (A) The party concerned fails to specify the reasons for the appeal on Form EOIR-26 or Form EOIR- 29 (Notices of Appeal) or other document filed therewith." See Toquero v. INS, 956 F.2d 193, 196 (9th Cir. 1992) (affirming dis- missal where notice of appeal "did not indicate which facts were in contention and how the IJ misinterpreted the evidence"); Lozada v. INS, 857 F.2d 10, 13 (1st Cir. 1988) (finding that summary dismissal is proper where "Board was left guessing at how and why petitioner …
discussed Cited as authority (rule) Sowah v. INS
4th Cir. · 1997 · confidence medium
See 8 C.F.R. § 3.1 (d)(1-a)(A), (E); Toquero v. INS, 956 F.2d 193, 196 (9th Cir. 1992) (affirming dismissal when notice of appeal "did not indicate which facts were in contention and how the [IJ] misinterpreted the evidence"); Lozada v. INS, 857 F.2d 2 10, 13 (1st Cir. 1988) (summary dismissal proper when Board was "left guessing at how and why petitioner thought the court had erred"); Townsend v. INS, 799 F.2d 179, 181-82 (5th Cir. 1986) (affirming Board's summary dismissal when notice of appeal merely claimed that alien sufficiently established his well founded fear of persecution).
discussed Cited as authority (rule) Byron L. Taylor v. United States Treasury Department, Internal Revenue Service
5th Cir. · 1997 · confidence medium
See, e.g., Meliezer v. Resolution Trust Co., 952 F.2d 879, 882 (5th Cir.1992) (observing that Congress’s power to vest an agency with exclusive original jurisdiction indicates that a statutory exhaustion requirement is jurisdictional); Town send v. United States Dep’t of Justice Immigration & Naturalization Serv., 799 F.2d 179, 181 (5th Cir.1986) (‘When exhaustion is statutorily mandated, the requirement is jurisdictional.”).
discussed Cited as authority (rule) Obineche v. INS
4th Cir. · 1997 · confidence medium
(Notices of Appeal) or other document filed therewith." See Toquero v. INS, 956 F.2d 193, 196 (9th Cir. 1992); Lozada v. INS, 857 F.2d 10, 13 (1st Cir. 1988); Townsend v. INS, 799 F.2d 179, 181-82 (5th Cir. 1986); Reyes- Mendoza v. INS, 774 F.2d 1364, 1365 (9th Cir. 1985).
discussed Cited as authority (rule) Nma Obineche v. U.S. Immigration & Naturalization Service
4th Cir. · 1997 · confidence medium
(Notices of Appeal) or other document filed therewith." See Toquero v. INS, 956 F.2d 193, 196 (9th Cir.1992); Lozada v. INS, 857 F.2d 10, 13 (1st Cir.1988); Townsend v. INS, 799 F.2d 179, 181-82 (5th Cir.1986); Reyes-Mendoza v. INS, 774 F.2d 1364, 1365 (9th Cir.1985). 7 Obineche's notice of appeal from the IJ's order alleged that the IJ refused to allow certain documents into the record that she contended were essential to her political asylum claim so as to deny her due pro cess of law.
cited Cited as authority (rule) Elmer Hodgson-Smith v. Immigration and Naturalization Service
9th Cir. · 1995 · confidence medium
To do so would 'effectively eliminate one tier of administrative review.' " Castillo-Manzanarez at 11463, fn 6 (quoting Townsend v. INS, 799 F.2d 179, 182 (5th Cir.1986))
cited Cited as authority (rule) Domingo Villalta-Gomez v. Immigration and Naturalization Service
9th Cir. · 1995 · confidence medium
To do so would 'effectively eliminate one tier of administrative review.' " Castillo-Manzanarez at 11463, f.n. 6 (quoting Townsend v. INS, 799 F.2d 179, 182 (5th Cir.1986))
discussed Cited as authority (rule) Rafael Arnoldo CASTILLO-MANZANAREZ, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent (2×)
9th Cir. · 1995 · confidence medium
II Although we have recognized that other circuits have employed an abuse of discretion standard in reviewing the BIA’s decision to summarily dismiss an appeal for lack of specificity, see Padilla-Agustin v. I.N.S., 21 F.3d 970, 973 (9th Cir.1994) (citing Townsend v. I.N.S., 799 F.2d 179, 182 (5th Cir.1986) (per curiam)), this court has never clearly articulated the proper standard of review, choosing instead to “analyze[ ] whether such summary dismissals are ‘appropriate.’ ” Toquero v. I.N.S., 956 F.2d 193, 194 (9th Cir.1992) (quoting Martinez-Zelaya v. I.N.S., 841 F.2d 294, 295 (9t…
discussed Cited as authority (rule) United States v. Wade E. Menendez, United States of America v. Raymond E. Plaisance, United States of America v. Tony Dung Van Nguyen
5th Cir. · 1995 · confidence medium
Examples of the kind of statutes or agency rulés under which administrative exhaustion would be required might include: 8 U.S.C. § 1105 (a)(c) ("[a]n order of deportation ... shall not be reviewed by any court if the alien has not exhausted the administrative remedies available to him as of right under the immigration laws and regulations”) (see also 8 C.F.R. §§ 3.39 , 242.21; Townsend v. INS, 799 F.2d 179, 182 (5th Cir.1986)); and, 20 C.F.R. § 404.900 (b) (providing in social securily cases that if a party fails to pursue all available steps in the agency review process, "you will lose…
cited Cited as authority (rule) Seyhhmat Ozdemir v. Immigration & Naturalization Service
5th Cir. · 1994 · confidence medium
Townsend v. INS, 799 F.2d 179, 182 (5th Cir.1986).
cited Cited as authority (rule) Resolution Trust Corp. v. Western Technologies, Inc.
Ariz. Ct. App. · 1994 · confidence medium
“When exhaustion is statutorily mandated, the requirement is jurisdictional.” Townsend v. United States Dept. of Justice Imigration & Naturalization Serv., 799 F.2d 179, 181 (5th Cir.1986).
discussed Cited as authority (rule) Roen Bogne-Legin Ana Dominguez-Lopez Roen Bonne-Dominguez v. Immigration and Naturalization Service
9th Cir. · 1994 · confidence medium
Toquero v. INS, 956 F.2d 193, 194-95 (9th Cir.1992) (notice of appeal from deportation order inadequate where it claimed the evidence established the alien would suffer extreme hardship if he were deported but did not describe how the evidence established the hardship or how the immigration judge erred); Reyes-Mendoza v. INS, 774 F.2d 1364, 1364-65 (9th Cir.1985) (allegation of "wrongful denial of suspension of deportation" insufficient); Lozada v. INS, 857 F.2d 10, 12 (1st Cir.1988) (general allegations that immigration judge's decision was "abuse of discretion" and "against the weight of evi…
discussed Cited as authority (rule) Reyes-Soto v. Immigration And Naturalization Service
10th Cir. · 1993 · confidence medium
Townsend v. United States Dept. of Justice I.N.S., 799 F.2d 179, 182 (5th Cir.1986) (even where application for asylum had substantial merit, failure to perfect appeal was failure to exhaust administrative remedies).
discussed Cited as authority (rule) Damian Perez-Rodriguez v. Immigration and Naturalization Service
7th Cir. · 1993 · confidence medium
Indeed, the BIA can summarily dismiss an alien’s appeal if the alien inadequately informs it of what aspects of the immigration judge’s decision were allegedly incorrect and why. 8 C.F.R. § 3.3 (1-a)(i)(A) (1993); Martinez-Zelaya v. INS, 841 F.2d 294, 296 (9th Cir.1988); Bonne-Annee v. INS, 810 F.2d 1077, 1078 (11th Cir.1987); Townsend v. INS, 799 F.2d 179, 181-82 (5th Cir.1986).
discussed Cited as authority (rule) Meily Suazo Jennifer Hernandez Humberto Antonio Hernandez v. Immigration and Naturalization Service
9th Cir. · 1993 · confidence medium
See, e.g., Toquero v. INS, 956 F.2d at 194 ; Reyes-Mendoza v. INS, 774 F.2d at 1364 ; see also Nazakat v. INS, 981 F.2d 1146, 1148 (10th Cir.1992); Athehortua-Vanegas v. INS, 876 F.2d 238, 240 (1st Cir.1989); Lozada v. INS, 857 F.2d 10, 13 (1st Cir.1988); Bonne-Annee v. INS, 810 F.2d 1077, 1078 (11th Cir.1987); Townsend v. INS, 799 F.2d 179, 181 (5th Cir.1986).
discussed Cited as authority (rule) Edward Goralski v. Board of Immigration Appeals Executive Office for Immigration and Immigration and Naturalization Service
7th Cir. · 1992 · confidence medium
He must provide a particularized statement informing the BIA what "aspects of the decision were wrong and why." Toquero v. INS, 956 F.2d 193, 196 (9th Cir.1992); Townsend v. INS, 799 F.2d 179, 181 (5th Cir.1986) (generalized statements of the reasons for these appeals ... are totally inadequate").
cited Cited as authority (rule) Barbara Ronda Meliezer, Wife Of/and Karl A. Loetzerich v. Resolution Trust Company, as Receiver for Home Savings and Loan Association
5th Cir. · 1992 · confidence medium
“When exhaustion is statutorily mandated, the requirement is jurisdictional.” Townsend v. United States Dept. of Justice Immigration & Naturalization Serv., 799 F.2d 179, 181 (5th Cir.1986).
Retrieving the full opinion text from the archive…
Clarence Benjamin TOWNSEND and Julia Mydea Randall Townsend, Petitioners,
v.
U.S. DEPARTMENT OF JUSTICE IMMIGRATION AND NATURALIZATION SERVICE, Respondent
86-4300.
Court of Appeals for the Fifth Circuit.
Sep 8, 1986.
799 F.2d 179
Robert A. Shivers, San Antonio, Tex., for petitioners., Robert L. Bombough, Director, I.N.S., Allen W. Hausman, Asst. Director, Madelyn E. Johnson, Atty., Eloise Rosas, Atty., Robert Kendall, Jr., Atty., Washington, D.C., for respondent., Richard M. Casillas, Dist. Director, I.N.S., San Antonio, Tex., David H. Lambert, Dist. Director, I.N.S., New Orleans, La., for other interested parties.
Rubin, Randall, Higginbotham.
Cited by 110 opinions  |  Published
PER CURIAM:

Petitioners appeal the denial by an immigration judge of their applications for asylum, asserting that the judge erred in finding the male petitioner’s testimony in conflict with responses on his original application for asylum and therefore not credible. Because petitioners failed to exhaust their administrative remedies by perfecting an appeal to the Board of Immigration Appeals, we are without jurisdiction to review the denial of asylum.

I

Petitioners, Benjamin Clarence Townsend and Julia Mydea Randall Townsend, are natives and citizens of Liberia who entered the United States in 1979 as nonim-migrant visitors. In April 1980, the Liberian government was toppled by a coup, and Townsend’s father, national chairman of the ruling True Whig party, was executed along with twelve other top officials of the deposed Liberian government “on a sun-baked Atlantic beach ... before a crowd of hundreds of cheering soldiers and thousands of civilians.”

In October 1980, Townsend and his fiancee (now wife) submitted applications for asylum to the Immigration and Naturalization Service, which were denied by the INS District Director in December 1983. In May 1984, they were charged with deportability under section 241(a)(9) of the Immigration and Nationality Act, 8 U.S.C. § 1251(a)(9). At a hearing before an immigration judge, the Townsends conceded deportability, and renewed their applications for asylum. See 8 U.S.C. § 1158.

At the hearing, the Townsends’ original 1980 applications for asylum were admitted into the record. On the forms, in answer to questions which asked whether Townsend had “belong[ed] to any organization(s) which were considered hostile to the interests of your Home Country,” and whether[*181] he “ever expressed political opinions or acted in a manner which was regarded by the authorities as opposed to the interests of your Home Government,” Townsend checked the “no” boxes.

At the hearing itself, Townsend testified that he was an American-Liberian, a descendant of the American blacks who became expatriates in Africa following the abolition of slavery in the United States, and who ruled Liberia through the True Whig party until the 1980 revolution. Townsend testified that the True Whig party is now viewed as an oppressor of the masses, and that anyone considered sympathetic to the party poses a threat to the current regime. He also testified that before leaving Liberia he was chairman of the youth movement of the party, and that because political ideologies are assumed to be family-held, in Liberia he would be expected to follow in his father’s political footsteps.

In his decision, the immigration judge stated that “at first blush ... it would appear that what happened to [Townsend’s] father and other political leaders of the ruling True Whig Pary [sic] may well show his fear that sooner or later he also will become a victim of persecution is well-founded.” However, the immigration judge found Townsend’s testimony concerning his political activities and the threat he posed to the present government not credible because it conflicted with answers in his original asylum application that stated he had not belonged to any organizations hostile to the interests of the current Doe regime. [1] Relying on an advisory opinion of the State Department that expressed the view that “nearly all Liberians could return without fear of persecution,” the immigration judge found that Townsend had failed to establish a “well-founded fear” of persecution.

Townsend and his wife appealed the denial of their applications to the Board of Immigration Appeals. On the requisite form under “reasons for this appeal,” Townsend stated only that “male respondent has sufficiently established his ‘well founded fear of persecution’ according to present case law.” Although he indicated the desire to file an accompanying brief, none was ever filed, even though an extension of time to do so was granted by the Board. Consequently, the Board summarily dismissed the appeal under 8 C.F.R. § 3.1(d)(l-a), because “the reasons for the appeal have not been meaningfully identified on the Notice of Appeal.” Townsend and his wife now appeal the denial of their applications for asylum to this court pursuant to 8 U.S.C. § 1105a.

II

The statute providing for judicial review in this case provides that “[a]n order of deportation ... shall not be reviewed by any court if the alien has not exhausted the administrative remedies available to him as of right under the immigration laws and regulations.” 8 U.S.C. § 1105a(c). When exhaustion is statutorily mandated, the requirement is jurisdictional. Eluska v. Andrus, 587 F.2d 996, 999 (9th Cir.1978).

The regulations governing appeals to the Board from an order of an immigration judge provide for summary dismissal of any case where “the party concerned fails to specify the reasons for his appeal on Form I-290A (Notice of Appeal).” 8 C.F.R. § 3.1(d)(l-a). In order to comply with this regulation, the Board has held that “generalized statements of the reasons for these appeals ... are totally inadequate [because t]hey do not tell us what aspect of the special inquiry officer’s order they consider incorrect and for what reason.” Matter of Holguin, 13 I & N Dec. 423, 425 (BIA 1969). Recently, and more specifically, the Board has held that:

[*182] It is ... insufficient to merely assert that the immigration judge improperly found that deportability had been established or denied an application for relief from deportation____ Where eligibility for discretionary relief is at issue, it should be stated whether the error relates to grounds of statutory eligibility or to the exercise of discretion. Furthermore, it should be clear whether the alleged impropriety in the decision lies with the immigration judge’s interpretation of the facts or his application of legal standards. Where a question of law is presented, supporting authority should be included, and where the dispute is on the facts, there should be a discussion of the particular details contested.

Matter of Valencia, Interim Decision No. 3006 (BIA 1986) (citation omitted). Townsend’s statement of reasons for his appeal to the Board consisted of a conclusory statement that he had “sufficiently established his ‘well founded fear of persecution’ according to present case law.” Clearly this was inadequate under the Board’s established construction of its regulation. Moreover, while Townsend was given an opportunity to file a brief explaining in further detail the reasons for his appeal, he failed to do so. The Board did not abuse its discretion in dismissing his appeal.

Though it appears that petitioner’s application for asylum may have had substantial merit, we are constrained to view their neglect in not perfecting their appeal to the Board as a failure to exhaust available administrative remedies. [2] To hold otherwise, and reach the merits in a case that has been summarily dismissed by the Board, would effectively eliminate one tier of ádministrative review. We conclude that we are without jurisdiction to review petitioners’ arguments regarding the immigration judge’s denial of their asylum applications. See Hernandez v. INS, 539 F.2d 384 (5th Cir.1976). Accordingly, this appeal is DISMISSED.

1

. We do not reach the issue, but observe that the immigration judge’s conclusion on this point is dubious, at best. Townsend’s testimony was consistent with the answers in his application, since the questions asked whether Townsend had committed any acts hostile to the government of his "Home Country,” and which Townsend understandably would have read in 1980 as referring to the True Whig government.

2

. The apparent harshness of applying the exhaustion requirement in this case is somewhat mitigated by the fact that on August 15, 1986, Townsend may have become eligible to apply for suspension of deportation under 8 U.S.C. § 1254, provided his seven-year presence in this country has been continuous.