Summary
This Ninth Circuit opinion addresses whether Federal Rule of Appellate Procedure 15(a)(2)(A)’s requirement to name each party seeking review is satisfied by listing an immigration “A” number instead of a full legal name. The panel held that referencing an applicant’s agency “A” number provides sufficient notice to the government of the petitioner’s identity and complies with the rule’s plain terms and underlying purpose. Consequently, the court declined the government’s request to amend the case caption to remove the lead petitioner’s wife and minor children.
Topics
Practice areas
Questions Presented
- Whether Rule 15(a)(2)(A)’s naming requirement is satisfied by referencing a petitioner’s “A” number in the caption or body of a petition for review.
Holdings
- Rule 15(a)(2)(A)’s naming requirement is satisfied when a petitioner’s “A” number from the agency proceeding appears in the caption or body of the petition for review.
Key quotations
“By its plain terms, Rule 15(a)(2)(A) precludes the use of generic terms such as “et al.,” “petitioners,” or “respondents” to identify those who seek federal appellate court review of an administrative order.” (5)
Factual background
Luis Alberto Perez-Perez and his Guatemalan wife and two minor children were denied asylum, withholding of removal, and protection under the Convention Against Torture by the BIA. Their petition for review listed only the petitioners' agency "A" numbers and omitted their names.
Procedural history
Petitioners sought review of a BIA order; the petition omitted the names of the wife and children but listed their agency "A" numbers. The government requested amendment of the caption; the Ninth Circuit panel considered whether Rule 15(a)(2)(A) was satisfied by the A numbers.