Singh

MEMORANDUM ***

Petitioner seeks review of the Board of Immigration Appeal’s (“BIA”) dismissal of his appeal from the Immigration Judge’s (“IJ”) denial of his application for asylum and withholding of deportation. We have jurisdiction under § 106(a) of the Immigration and Nationality Act, 8 U.S.C. § 1105a(a) (1995) (repealed), as modified by the transitional rules set forth in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”), Pub.L. No. 104-208, 110 Stat. 3009 (1996). We deny the petition.

Ml of the substantive arguments in Petitioner’s brief are devoted to addressing the merits of his applications for asylum and withholding of deportation. However, the BIA never considered these arguments; rather, Petitioner’s appeal was summarily dismissed because he failed to file a brief after indicating the intention to do so on his Notice of Appeal. See Singh v. Ashcroft, 361 F.3d 1152, 1156-57 (9th Cir.2004). Petitioner offers us no reason to overturn the summary dismissal of his appeal and issues not raised in an appellant’s opening brief are typically deemed waived. Martinez-Serrano v. INS, 94 F.3d 1256, 1259 (9th Cir.1996). Nevertheless, we have…