New 9th Circuit and BIA Immigration Cases

**Due process, failure to file timely brief, Notice of Appeal**

The record does not support a conclusion that Oroudjian’s due process rights were violated. Oroudjian did not lack notice that his appeal could be summarily dismissed for failure to file a timely brief. Failure to file the brief was not on account of lack of notice, but on account of counsel’s admitted error in not signing the first submission and in not assuring that the signed brief would meet the deadline. In addition, the BIA did not deny Oroudjian a full and fair hearing by rejecting the brief instead of accepting his Notice of Appeal. Oroudjian’s Notice of Appeal failed to
state its reasoning with the specificity necessary to adequately apprise the BIA of the reasons for appeal.

http://www.ca9.uscourts.gov/datastore/memoranda/2010/03/12/06-72945.pdf