Reynaldo Jose Valle-moreno, Petitioner, v. Immigration and Naturalization Service, Respondent, 82 F.3d 424 (9th Cir. 1996)

MEMORANDUM^** 

Reynaldo Jose Valle-Moreno, a native and citizen of Nicaragua, petitions for review of the Board of Immigration Appeals' ("BIA") summary dismissal of his appeal from the immigration judge's denial of his applications for asylum and withholding of deportation under 8 U.S.C. §§ 1158(a) and 1253(h).

The BIA dismissed Valle-Moreno's appeal for his failure to identify in a meaningful way the basis of the appeal on his notice of appeal Form EOIR-26. In his brief before this court, Valle-Moreno raises only the issues of the denial of his applications for asylum and withholding of deportation. Because " [i]ssues not raised in the opening brief usually are deemed waived," Dilley v. Gunn, 64 F.3d 1365, 1367 (9th Cir. 1995), we conclude that Valle-Moreno has waived his right to challenge the BIA's summary dismissal. In addition, "this court's review is limited to the decision of the BIA." Elnager v. INS, 930 F.2d 784, 787 (9th Cir. 1991). Thus, we decline to consider Valle-Moreno's direct challenge to the immigration judge's decision. Id.¹ 

PETITION FOR REVIEW DENIED.