De La Cruz Gamarra v. Gonzales

MEMORANDUM **

Nemesio De La Cruz Gamarra, a native and citizen of Peru, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision, which summarily dismissed his appeal of the Immigration Judge’s order denying his application for asylum and withholding of removal. We deny in part and dismiss in part the petition for review.

We have jurisdiction over Gamarra’s summary dismissal claim under 8 U.S.C. § 1252 . We review the BIA’s summary dismissal for an abuse of discretion. Singh v. Gonzales, 416 F.3d 1006, 1008-09 (9th Cir.2005). We review due process claims de novo. Barron v. Ashcroft, 358 F.3d 674, 677 (9th Cir.2004).

Gamarra contends that the BIA erred in summarily denying his appeal. We disagree. Gamarra’s Notice of Appeal only contained conclusory statements, and it failed to set forth the specific grounds for his appeal. Therefore, summary dismissal was appropriate. See Singh v. Ashcroft, 361 F.3d 1152, 1157 (9th Cir.2004); cf. Garcia-Cortez v. Ashcroft, 366 F.3d 749, 753 (9th Cir.2004). Furthermore, we do not find that there was a due process violation because Gamarra’s counsel’s failure to file a supporting brief as she indicated she would, even after the…