Jorge Israel Leon, Petitioner, v. Immigration and Naturalization Memorandum Service, Respondent, 133 F.3d 927 (9th Cir. 1997)

MEMORANDUM^* 

Jorge Israel Leon, a native and citizen of El Salvador, petitions pro se for review of the Board of Immigration Appeals' ("BIA") summary dismissal of his appeal from an immigration judge's ("IJ") decision finding him statutorily ineligible for asylum and withholding of deportation under 8 U.S.C. §§ 1158(a) and 1253(h). The BIA dismissed Leon's appeal pursuant to 8 C.F.R. §§ 3.1(d) (1-a) (i) (A) and (E) (1997) for lack of specificity in his notice of appeal and for failing to file a supporting brief or statement after indicating in his notice of appeal that he would do so. We have jurisdiction pursuant to 8 U.S.C. § 1105a(a),¹  and we deny the petition for review.

Although Leon indicates in the jurisdictional statement of his opening brief that he seeks review of the BIA's summary dismissal of his appeal, he devotes the remainder of his brief to discussing only the underlying merits of his asylum application. Specifically, Leon contends the IJ "interpret [ed] the relevant case law [in]correctly" and that he was statutorily eligible for relief. Because Leon fails to address how the BIA erred by summarily dismissing his appeal we conclude that Leon has waived his right to challenge the BIA's decision. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996), cert. denied, 118 S. Ct. 49 (1997). Moreover, we have reviewed the administrative record and conclude that the BIA did not err by summarily dismissing Leon's appeal. See Toquero v. INS, 956 F.2d 193, 195-97 (9th Cir. 1992).

PETITION FOR REVIEW DENIED.