Devi

MEMORANDUM ***

Rosheni Devi, an Indian woman from Fiji, 1 sought asylum and withholding of removal or, in the alternative, voluntary departure, based on sexual assaults and violence she and her family were subjected to by native Fijians on account of her family’s ethnicity and her support of the National Federation Party, an organization that works to secure rights for Indians living in Fiji. The Immigration Judge (the “IJ”), finding her testimony not credible, denied her petition. She appealed this denial to the Board of Immigration Appeals (the “BIA”). The BIA issued a summary denial of her appeal after she failed to file a supporting brief.

Devi now petitions this court for review of that denial. She claims that she did not receive adequate notice of the deadline for her brief and that the IJ’s failure to explain appellate procedures as well as her counsel’s failure to file the brief constitute “extraordinary circumstances.” We have jurisdiction pursuant to 8 U.S.C. § 1105a(a), as amended by the transition rules of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”). We deny her petition for review.

When Devi filed her notice of appeal, using…