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Escobar-Monterroso v. Ashcroft

United States Court of Appeals, Ninth Circuit
Aug 19, 2003
73 F. App'x 931 (9th Cir. 2003)

Opinion


73 Fed.Appx. 931 (9th Cir. 2003) Oscar Mardoqueo ESCOBAR-MONTERROSO, Petitioner, v. John ASHCROFT, Attorney General, Respondent. No. 02-70345. Agency No. A74-803-501. United States Court of Appeals, Ninth Circuit. August 19, 2003

Submitted August 11, 2003.

This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

On Petition for Review of an Order of the Board of Immigration Appeals.

Before SCHROEDER, Chief Judge, HAWKINS, and TASHIMA, Circuit Judges.

MEMORANDUM

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

Oscar Mardoqueo Escobar-Monterroso ("Escobar"), a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals' ("BIA") summary dismissal of his appeal from an Immigration Judge's ("IJ's") denial of his request for suspension of deportation. We have jurisdiction pursuant to 8 U.S.C. § 1105a(a). We review a summary dismissal to determine whether it is "appropriate." See Casas-Chavez v. INS, 300 F.3d 1088

Page 932.

, 1089 (9th Cir.2002). We deny the petition.

The BIA summarily dismissed Escobar's appeal because his notice of appeal stated that he would file a supplemental brief but he failed to do so. In his petition for review, Escobar only challenges the IJ's decision and does not contest the BIA's summary dismissal of his administrative appeal. Therefore, he has waived his right to challenge the BIA's decision. See Martinez-Serrano v. INS, 94 F.3d 1256, 1260 (9th Cir.1996).

We do not consider Escobar's contentions regarding the IJ's underlying decision because there issues were not first considered by the BIA. See Ontiveros-Lopez v. INS, 213 F.3d 1121, 1124 (9th Cir.2000).

PETITION FOR REVIEW DENIED.


Summaries of

Escobar-Monterroso v. Ashcroft

United States Court of Appeals, Ninth Circuit
Aug 19, 2003
73 F. App'x 931 (9th Cir. 2003)
Case details for

Escobar-Monterroso v. Ashcroft

Case Details

Full title:Oscar Mardoqueo ESCOBAR-MONTERROSO, Petitioner, v. John ASHCROFT, Attorney…

Court:United States Court of Appeals, Ninth Circuit

Date published: Aug 19, 2003

Citations

73 F. App'x 931 (9th Cir. 2003)