Unpublished Disposition, 896 F.2d 555 (9th Cir. 1990)

MEMORANDUM

Iziegbe petitions for review of a decision by the Board of Immigration Appeals (BIA) summarily dismissing his appeal from an immigration judge's (IJ) order of deportation and denial of voluntary departure. The BIA dismissed his appeal because it found his appeal was frivolous or filed solely for the purpose of delay. See 8 C.F.R. Sec. 3.1(d) (1-a) (iv) (1989). The BIA had jurisdiction pursuant to 8 C.F.R. Sec. 3.1(b) (2) (1989). We have jurisdiction over this timely petition to review the BIA's dismissal pursuant to 8 U.S.C. § 1105a(a). We deny the petition.

"Although we have not clearly articulated the standard for reviewing BIA summary dismissal of appeals under 8 C.F.R. Sec. 3.1(d) (1-a) (1987), we have analyzed whether such summary dismissals are 'appropriate.' " Martinez-Zelaya v. INS, 841 F.2d 294, 295 (9th Cir. 1988) (Martinez-Zelaya), quoting Reyes-Mendoza v. INS, 774 F.2d 1364, 1365 (9th Cir. 1985) (Reyes-Mendoza) . Summary dismissal is appropriate when the BIA is satisfied from a review of the record that the appeal is frivolous or filed solely for the purpose of delay. Martinez-Zelaya, 841 F.2d at 295.

In his notice of appeal from the IJ's decision, Iziegbe claimed an "abuse of discretion" because the IJ had "insufficient evidence to prove deportation." Despite a period of over two years between the notice of appeal and the BIA's summary dismissal, no appeal brief, statement, request for extension, or other evidence elaborating the basis for the appeal, or explaining the lengthy delay was filed.

Iziegbe now presents to us the issues which he properly should have argued to the BIA. However, " [o]ur review is confined to the BIA's decision and the bases upon which the BIA relied." Id. at 296.

"We have held that summary dismissal is appropriate if an alien submits no separate written brief or statement to the BIA and inadequately informs the BIA of 'what aspects of the IJ's decision were allegedly incorrect and why.' " Id., quoting Reyes-Mendoza, 774 F.2d at 1365. This is exactly what Iziegbe did here.

PETITION DENIED.

Note: 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.