Julio Diaz-Leiva v. Eric Holder, Jr. , 425 F. App'x 567 ( 2011 )


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  •                                                                           FILED
    NOT FOR PUBLICATION                          MAR 29 2011
    MOLLY C. DWYER, CLERK
    UNITED STATES COURT OF APPEALS                     U .S. C O U R T OF APPE ALS
    FOR THE NINTH CIRCUIT
    JULIO DIAZ-LEIVA; MARIA TERESA                   No. 09-71303
    RAYON-SANCHEZ,
    Agency Nos. A070-944-576
    Petitioners,                                  A072-404-348
    v.
    MEMORANDUM *
    ERIC H. HOLDER, Jr., Attorney General,
    Respondent.
    On Petition for Review of an Order of the
    Board of Immigration Appeals
    Submitted March 8, 2011 **
    Before:        FARRIS, O’SCANNLAIN, and BYBEE, Circuit Judges.
    Julio Diaz-Leiva, a native and citizen of El Salvador, and Maria Teresa
    Rayon-Sanchez, a native and citizen of Mexico, petition for review of the Board of
    Immigration Appeals’ (“BIA”) order summarily dismissing their appeal from an
    immigration judge’s removal order. We have jurisdiction under 
    8 U.S.C. § 1252
    .
    *
    This disposition is not appropriate for publication and is not precedent
    except as provided by 9th Cir. R. 36-3.
    **
    The panel unanimously concludes this case is suitable for decision
    without oral argument. See Fed. R. App. P. 34(a)(2).
    We review for abuse of discretion the BIA’s decision to summarily dismiss an
    appeal, and review de novo claims of due process violations. Singh v. Gonzales,
    
    416 F.3d 1006
    , 1009 (9th Cir. 2005). We deny the petition for review.
    The BIA did not abuse its discretion or violate due process by summarily
    dismissing petitioners’ appeal where petitioners have conceded that they failed to
    specify the reasons for their appeal on the Notice of Appeal, and failed to file a
    promised written brief or to explain their failure to do so. See 
    8 C.F.R. §§ 1003.1
    (d)(2)(i)(A), (E); Lata v. INS, 
    204 F.3d 1241
    , 1246 (9th Cir. 2000)
    (showing of error required to prevail on a due process claim).
    Petitioners’ request for judicial notice of evidence later submitted in
    connection with their motion for reconsideration is denied. See Fisher v. INS, 
    79 F.3d 955
    , 963 (9th Cir. 1996).
    Petitioners’ request to hold this case in abeyance is denied.
    PETITION FOR REVIEW DENIED.
    2                                    09-71303
    

Document Info

Docket Number: 09-71303

Citation Numbers: 425 F. App'x 567

Judges: Bybee, Farris, O'Scannlain

Filed Date: 3/29/2011

Precedential Status: Non-Precedential

Modified Date: 8/3/2023