Nolasco-Raymundo

Nolasco-Raymundo v. Gonzales

Good Law
171 F. App'x 100
United States Court of Appeals for the Ninth CircuitMarch 14, 2006No. 04-73212; Agency No. A78-751-452California256 words

Opinion

Lead Opinion

MEMORANDUM **

Herlinda Joanna Nolasco-Raymundo, a native and citizen of Guatemala, petitions pro se for review of an order of the Board of Immigration Appeals (“BIA”) summarily dismissing her appeal from an immigration judge’s order denying her applications for asylum, withholding of removal, and relief under the Convention Against Torture. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review de novo the question whether the BIA’s summary dismissal violated due process. See Singh v. Gonzales, 416 F.3d 1006, 1009 (9th Cir. 2005). We deny the petition for review.

The BIA properly dismissed NolascoRaymundo’s appeal because she provided no argument to support her appeal in either her notice of appeal or in a brief. Under these circumstances, the BIA’s actions were not “arbitrary.” Toquero v. INS, 956 F.2d 193, 196 (9th Cir.1992); Singh, 416 F.3d at 1014 (holding that the BIA’s summary dismissal did not violate due process because the failure to specify grounds for appeal did not turn “on the

*101 clarity of the instructions provided” on the notice of appeal form); 8 C.F.R. § 1003.1 (d)(2)(i); cf. Garcia-Cortez v. Ashcroft, 366 F.3d 749, 753 (9th Cir.2004) (holding that it…

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