Terterian

Terterian v. Ashcroft

Good Law
73 F. App'x 952
United States Court of Appeals for the Ninth CircuitAugust 20, 2003No. 02-70941; Agency No. A75-483-884California466 words

Opinion

Lead Opinion

MEMORANDUM *

Samvel Terterian (“Terterian”) appeals the Board of Immigration Appeals’ (“BIA”) summary dismissal of his appeal from the decision of the Immigration Judge denying him asylum and withholding of removal. The BIA dismissed Terterian’s appeal for failure to file a brief or statement in support of his appeal, after Terterian checked Box 6 on the Notice of *953 Appeal, Form EOIR-26. We affirm the BIA’s dismissal and deny the petition.

The Board of Immigration Appeals may summarily dismiss an appeal if “[t]he party ... indicates on Form EOIR-26 ... that he or she will file a brief or statement in support of the appeal and, thereafter, does not file such brief or statement, or reasonably explain his or her failure to do so.” 8 C.F.R. § 1003.1 (d)(2)(i)(E). Terterian checked the box indicating he would file a brief in support of his appeal, yet failed to do so.

So long as “sufficient notice is conveyed to the BIA” by the reasons set out on the Notice of Appeal, a brief need not be filed in order to meet the requirement of specificity in 8 C.F.R. § 1003.1 (d)(2)(i)(E). Casas-Chavez v. INS, 300 F.3d 1088, 1090 (9th Cir.2002). Summary dismissal is appropriate only if the…

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