Ana Arias-Vasquez v. Merrick Garland

U.S. Court of Appeals for the Ninth Circuit

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NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS OCT 25 2021 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT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.

2

Reference

Status
Unpublished