KRAVITCH, Circuit Judge:
The primary issue presented in this petition for review is whether the Board of Immigration Appeals ("BIA") abused its discretion by summarily dismissing an appeal pursuant to 8 C.F.R. § 1003.1(d)(2)(i)(E) solely because a petitioner indicated on the Notice of Appeal that he would file a brief and then failed to file a brief or offer an explanation for failing to do so.
I. Background
Ilian Esponda, his wife and...
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