Pelagio

Pelagio v. Ashcroft

Good Law
88 F. App'x 252
United States Court of Appeals for the Ninth CircuitFebruary 25, 2004No. 02-71380; Agency No. A75-483-321California282 words

Opinion

Lead Opinion

MEMORANDUM **

Clodualdo Evangelista Pelagio, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary dismissal under 8 C.F.R. § 3.1 (d)(2)(i) of his appeal from an immigration judge’s decision denying his application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review the BIA’s summary dismissal for failure to file a brief to determine whether it was appropriate. Vargas-Garcia v. INS, 287 F.3d 882, 884 (9th Cir.2002). We deny the petition.

Pelagio filed a Notice of Appeal (Form EOIR—26) with the BIA indicating his intent to file a brief, then failed to file a brief. Summary dismissal was appropriate because Pelagio’s Notice of Appeal did not sufficiently specify his grounds for appeal. See Rojas-Garcia v. Ashcroft, 339 F.3d 814, 820-21 (9th Cir.2003); see also 8 C.F.R. § 3.1 (d)(2)©.

The BIA did not abuse its discretion in denying Pelagio’s motion to file a late brief because he did not demonstrate extraordinary circumstances. Cf. Escobar-Ramos v. INS, 927 F.2d 482, 485-86 (9th Cir.1991) (holding BIA should consider filing of late brief upon showing of extraordinary…

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.