Erika L. Fajardo-Solis, a native and citizen of El Salvador, filed a pro se petition for review seeking to challenge an order from the Board of Immigration Appeals (BIA). The BIA had summarily dismissed Fajardo's appeal from her applications for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). The dismissal occurred because Fajardo's notice of appeal did not clearly state the grounds for her appeal, and she failed to file a separate written brief or statement despite previously indicating she would. The case reached the Ninth Circuit to determine if the BIA acted within its discretion and whether the court had jurisdiction to review the underlying claims.
The Ninth Circuit panel, consisting of Judges O'Scannlain, Silverman, and Rawlinson, reviewed the BIA's decision for abuse of discretion. The court found that the BIA did not abuse its discretion in summarily dismissing the appeal. The primary legal basis for this decision was that the notice of appeal did not apprise the Board with sufficient specificity of the grounds for the appeal. Additionally, the court noted that Fajardo did not file a separate written brief or statement, which is a requirement under 8 C.F.R. § 1003.1(d)(2)(i)(A) and (E). Regarding the jurisdiction of the Immigration Judge, the court affirmed the BIA's rejection of Fajardo's contention that the judge lacked jurisdiction, citing Aguilar Fermin v. Barr. Finally, the court declined to address the merits of the original applications for asylum, withholding, and CAT protection. The court explained that these claims had not been exhausted, and therefore, they were not within the court's jurisdiction to review, citing Rojas-Garcia v. Ashcroft.
The petitioner's applications for asylum, withholding of removal, and protection under the Convention Against Torture remain denied. Because the court declined to review the merits due to non-exhaustion, there is no substantive adjudication on the claims themselves. The decision reinforces the strict procedural requirements for filing appeals to the BIA and highlights that failure to exhaust administrative remedies bars federal court review of the underlying claims.
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