Singh

Singh v. Immigration Naturalization & Services

Good Law
49 F. App'x 697
United States Court of Appeals for the Ninth CircuitOctober 17, 2002No. 01-71184; INS No. A70-188-158California271 words

Opinion

Lead Opinion

MEMORANDUM **

Jaswinder Singh (“Singh”) petitions for review of the Board of Immigration Appeals’s (“BIA”) summary dismissal of his appeal. We have jurisdiction under 8 U.S.C. § 1105a(a)(2), as amended by Section 309(c) of the Illegal Immigration Reform and Immigrant Responsibility Act, and we deny the petition.

Singh filed a Notice of Appeal (Form EOIR-26) with the BIA on which he provided a two-sentence conclusory explanation of his reasons for appeal from an adverse decision by an immigration judge and indicated also that he would file a brief. Because he failed to file the brief he promised, the BIA summarily dismissed Singh’s appeal.

Singh did not raise the issue of the summary dismissal in his brief to this Court. This Court does “not ordinarily consider matters on appeal that are not specifically and distinctly argued” in the opening brief, United States v. Mateo-Mendez, 215 F.3d 1039, 1043 (9th Cir.2000) (citation omitted); and, having been given no sufficient reason to do otherwise, we decline to do so here. Accordingly, we regard Singh’s failure as a waiver of his right to challenge the BIA’s decision.

Even if Singh had properly challenged the BIA’s summary…

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