JOSÉ GARCIA-CORTEZ ALICIA CHAVARIN-CARRILLO v. JOHN ASHCROFT, ATTORNEY GENERAL, JOSÉ GARCIA-CORTEZ ALICIA CHAVARIN-CARRILLO v. JOHN ASHCROFT, ATTORNEY GENERAL

Good Law
366 F.3d 749·2004 U.S. App. LEXIS 8248
United States Court of Appeals for the Ninth CircuitApril 27, 200402-70866California2,448 words

Opinion

Opinion

366 F.3d 749 José GARCIA-CORTEZ; Alicia Chavarin-Carrillo, Petitioners, v. John ASHCROFT, Attorney General, Respondent. José Garcia-Cortez; Alicia Chavarin-Carrillo, Petitioners, v. John Ashcroft, Attorney General, Respondent. No. 02-70866. No. 02-72720. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 31, 2004. Filed April 27, 2004. Jaime Jasso, California Alien Rights Project, Los Angeles, CA, for the petitioners. John M. McAdams, Jr., and Michelle R. Thresher, Office of Immigration Litigation, Department of Justice, Washington, D.C., for the respondent. On Petition for Review of an Order of the Board of Immigration Appeals. Before HALL, TROTT, and CALLAHAN, Circuit Judges. CYNTHIA HOLCOMB HALL, Circuit Judge: 1 The petitioners, José Garcia-Cortez and Alicia Chavarin-Carrillo, challenge the Board of Immigration Appeals' (BIA) summary dismissal of their appeal of a final order of removal for failure to timely file their brief, along with the BIA's denial of their subsequent motion for reconsideration. Garcia and Chavarin contend that their Notice of Appeal (Form EOIR-26) provided the BIA with adequate notice of the specific grounds for…

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