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GARCIA-CORTEZ v. ASHCROFT

Nos. 02-70866, 02-72720.

366 F.3d 749 (2004)

José GARCIA-CORTEZ; Alicia Chavarin-Carrillo, Petitioners, v. John ASHCROFT, Attorney General, Respondent. José Garcia-Cortez; Alicia Chavarin-Carrillo, Petitioners, v. John Ashcroft, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed April 27, 2004.

Attorney(s) appearing for the Case

Jaime Jasso, California Alien Rights Project, Los Angeles, CA, for the petitioners.

John M. McAdams, Jr., and Michelle R. Thresher, Office of Immigration Litigation, Department of Justice, Washington, D.C., for the respondent.

Before HALL, TROTT, and CALLAHAN, Circuit Judges.

CYNTHIA HOLCOMB HALL, Circuit Judge:

The petitioners, José Garcia-Cortez and Alicia Chavarin-Carrillo, challenge the Board of Immigration Appeals' (BIA) summary dismissal of their appeal of a final order of removal for failure to timely file their brief, along with the BIA's denial of their subsequent motion for reconsideration. Garcia and Chavarin contend that their Notice of Appeal (Form EOIR-26) provided the BIA with adequate notice of the specific grounds...

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