Lemus-Esquivel
Lemus-Esquivel v. Ashcroft
Opinion
Lead Opinion
MEMORANDUM **
Juan Lemus-Esquivel and his wife, Evangelina Chavez-Lopez (“Petitioners”), natives and citizens of Mexico, petition pro *746 se for review of the Board of Immigration Appeals’ (“BIA”) summary dismissal under 8 C.F.R. § 3000.1 (d)(2)® of their appeal from an immigration judge’s decision denying their application for suspension of deportation. We have jurisdiction under 8 U.S.C. § 1105a(a). 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. Vargas-Garda v. INS, 287 F.3d 882, 884 (9th Cir.2002). We deny the petition.
Petitioners filed a Notice of Appeal (Form EOIR — 26) with the BIA indicating their intent to file a brief, then failed to file a brief. Summary dismissal was appropriate because Petitioners’ Notice of Appeal did not sufficiently specify their grounds for appeal. See Rojas-Garcia v. Ashcroft, 339 F.3d 814, 820-21 (9th Cir.2003); see also 8 C.F.R. § 3000.1 (d)(2)®.
Petitioners’ contention that the Illegal Immigration Reform and Immigrant Responsibility Act and the Nicaraguan Adjustment and Central American Relief Act violate equal protection is…