Oros-Martinez

Oros-Martinez v. Ashcroft

Good Law
74 F. App'x 735
United States Court of Appeals for the Ninth CircuitAugust 12, 2003No. 02-70744; Agency No. A92-949-920California368 words

Opinion

Lead Opinion

MEMORANDUM **

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).

Oros-Martinez indicated on the EOIR26 form that he would file a separate written brief fully articulating the specific factual and legal basis for his appeal, but did not do so. Martinez now relies on Vargas-Garcia v. INS, 287 F.3d 882 (9th Cir.2002), to support his claim that the form is ambiguous, and thereby excuses his failure to file a brief.

However, Vargas, unlike Martinez, did not indicate that he would file a separate written brief. Id. at 885 n. 3. Thus, his case turned solely on the clarity of the form’s instructions. Id. at 884 . In contrast, Martinez committed to filing a brief, and was provided a briefing schedule by the BIA. Thus, any failure of the EOIR-26 form to adequately describe what the BIA requires in order to evaluate an appeal was not at issue. See Toquero v. INS, 956 F.2d 193, 196 (9th Cir.1992).

Despite Martinez’…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.