Ana Arias-Vasquez v. Merrick Garland
Ana Arias-Vasquez v. Merrick Garland
Opinion
NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS OCT 25 2021 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT
ANA DORIS ARIAS-VASQUEZ, ET AL., No. 20-70809
Petitioners, Agency Nos. A201-708-513 A201-708-514 v. A201-708-515 A201-708-516 MERRICK B. GARLAND, Attorney General, MEMORANDUM* Respondent.
On Petition for Review of an Order of the Board of Immigration Appeals
Submitted October 21, 2021** San Francisco, California
Before: WALLACE, BEA, and MURGUIA, Circuit Judges.
Lead petitioner Ana Doris Arias-Vasquez and her family (collectively, Arias-
Vasquez), natives and citizens of Guatemala, petition for review of the Board of
Immigration Appeals’ (the Board) order summarily dismissing as untimely their
appeal from an Immigration Judge’s removal order. We have jurisdiction under 8
* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). U.S.C. § 1252. We deny the petition for review.
The Board properly dismissed Arias-Vasquez’s appeal as untimely because
the record reflects that the Board received Arias-Vasquez’s notice of appeal almost
three months after the appeal deadline and Arias-Vasquez did not provide any
explanation for the late filing. See 8 C.F.R. §§ 1003.1(d)(2)(i)(G), 1003.38(b)–(c).
The petition for review is DENIED.
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Reference
- Status
- Unpublished