Vasquez-Palafox

Vasquez-Palafox v. Ashcroft

Good Law
91 F. App'x 594
United States Court of Appeals for the Ninth CircuitMarch 23, 2004No. 02-70639California276 words

Opinion

Lead Opinion

MEMORANDUM **

Fernando Gabriel Vasquez-Palafox, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) summary dismissal under 8 C.F.R. § 3.1 (d)(2)(i)(D) (2002) of his appeal from an immigration judge’s (“LJ”) decision denying his application for asylum and cancellation 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-Garda v. INS, 287 F.3d 882, 884 (9th Cir.2002). We deny the petition.

Vasquez-Palafox filed a Notice of Appeal, Form EOIR 26, with the BIA indicating his intention to file a brief, but then he failed to file the brief. Summary dismissal was appropriate because Vasquez-Palafox’s Notice of Appeal did not sufficiently specify his grounds for appeal. See Rojas-Garcia v. Ashcroft, 339 F.3d 814, 819-21 (9th Cir.2003); see also 8 C.F.R. § 3000.1 (d)(2)(i) (formerly 8 C.F.R. § 3.1 (d)(2)®).

Vasquez-Palafox’s contention that the Illegal Immigration Reform and Immigrant Responsibility Act and the Nicaraguan Adjustment and Central American Relief Act violate equal protection is foreclosed by…

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