Background
Petitioners Angelina Roman-Orsorio, her husband, and their minor son are natives and citizens of Guatemala. They sought asylum, withholding of removal, and protection under the Convention Against Torture. An immigration judge denied their applications. The petitioners appealed to the Board of Immigration Appeals, which summarily dismissed their appeal for failure to meaningfully apprise the Board of specific reasons and failure to file a brief within the required time.
The court’s reasoning
The court stated that its review is limited to the grounds relied upon by the Board of Immigration Appeals. Because the Board summarily dismissed the appeal on procedural grounds rather than relying on the immigration judge’s decision, the court could not reach the merits of the underlying denial. The petitioners did not challenge the Board’s summary dismissal for failure to state specific reasons or file a brief, thereby waiving any arguments regarding that procedural ruling.
What it means going forward
The petition for review is denied, leaving the Board of Immigration Appeals’ summary dismissal in place. The temporary stay of removal remains in effect until the mandate issues.
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