Mariano

Mariano v. Ashcroft

Good Law
74 F. App'x 845
United States Court of Appeals for the Ninth CircuitSeptember 16, 2003No. 02-70720; Agency Nos. A73-416-211, A73-416-210, A73-416-209, A73-416-208, A73-416-207California286 words

Opinion

Lead Opinion

MEMORANDUM ***

Conrado Leoncio Acierto Mariano III, his ex-wife Teresita G. Mariano, and their *846 three children, natives and citizens of the Philippines, petition for review of an order of the the Board of Immigration Appeals’ (“BIA”) dismissing their appeal from an immigration judge’s (“IJ”) denial of their application for asylum and withholding of deportation. Because the transitional rules apply, see Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997), we have jurisdiction pursuant to 8 U.S.C. § 1105a(a). We review BIA’s summary dismissal of an appeal to ensure it is appropriate. Casas-Chavez v. INS, 300 F.3d 1088, 1089 (9th Cir.2002). We deny the petition.

The BIA’s summary dismissal of the Marianos’ appeal was appropriate because they failed to specify adequately the reasons for the appeal or file a supplemental brief despite indicating they would do so, and the notice of appeal form provided adequate notice that dismissal was a possible sanction for noncompliance. See 8 C.F.R. § 3.1 (d)(2)(i) (2001); Toquero v. INS, 956 F.2d 193, 195 (9th Cir.1992).

We lack jurisdiction to consider Conrado Mariano’s challenges to the IJ’s decision denying asylum and withholding of…

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