Bolanos

MEMORANDUM **

The Bolanos, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) summary dismissal of their appeal from the Immigration Judge’s (“IJ”) denial of their applications for suspension of deportation under INA § 244(a). Specifically, they argue that their due process rights were infringed when the BIA summarily dismissed their appeal. The BIA summarily dismissed the appeal because counsel for the Bolanos failed to provide an additional brief as he indicated he would on the appeal form. The parties are familiar with the factual and procedural history of the case; therefore, we will not recount it here. We have jurisdiction under the “transitional rules” for judicial review under § 309(c)(4) of IIRIRA, and we affirm the BIA’s decision. Kalaw v. INS, 133 F.3d 1147, 1149-50 (9th Cir.1997).

The BIA based its summary dismissal on 8 C.F.R. §§ 3.1 (d)(1-a)(i)(E). 1 The BIA was correct in dismissing the *950 appeal because Bolanos failed to file a brief as indicated on the appeal form (EOIR-26). Appeal form EOIR-26 is not misleading as the Bolanos contend it is. Last amended in 1996, EOIR-26 provides clear, easy to read instructions…