Gonzalez
Gonzalez v. Ashcroft
Opinion
Lead Opinion
MEMORANDUM **
Edmundo Gonzalez, 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) (2002) of his appeal from an immigration judge’s decision denying his application for suspension of deportation. We have jurisdiction under 8 U.S.C. § 1005a. Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997). We review the BIA’s summary dismissal for failure to file a brief to determine whether it was appropriate. Toquero v. INS, 956 F.2d 193, 194-95 (9th Cir.1992). We deny the petition.
Gonzalez 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 Gonzalez’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)(i)).
Gonzalez’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 Hernandez-Mezquita…