FILED NOT FOR PUBLICATION SEP 28 2021 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT YOSMANY MOLINA-CARILLO, No. 19-72982 Petitioner, Agency No. A203-498-774 v. MEMORANDUM* MERRICK B. GARLAND, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Argued and Submitted June 8, 2021 Pasadena, California Before: GRABER, CALLAHAN, and FORREST, Circuit Judges. Petitioner Yosmany Molina-Carillo, a native and citizen of Cuba, petitions pro se for review of the Board of Immigration Appeals’ ("BIA") order summarily dismissing his appeal from an immigration judge’s ("IJ") decision denying his applications for asylum, withholding of removal, and relief under the Convention Against Torture. We deny the petition. * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. 1. The BIA did not abuse its discretion in summarily dismissing Petitioner’s appeal. 8 C.F.R. § 1003.1(d)(2)(i)(A), (E); see Singh v. Gonzales, 416 F.3d 1006, 1009 (9th Cir. 2005) (stating standard of review). Summary dismissal is appropriate if the petitioner has failed to provide the BIA with "meaningful guidance" as to the reasons for the appeal, either in his Notice of Appeal or in a separate brief. Toquero v. INS, 956 F.2d 193, 195 (9th Cir. 1992); Casas-Chavez v. INS, 300 F.3d 1088, 1090 (9th Cir. 2002). The BIA is not required to "search through the record and speculate on what possible errors the [petitioner] claims" or "decipher general statements of error, unsupported by specific factual or legal references." Rojas-Garcia v. Ashcroft, 339 F.3d 814, 820 (9th Cir. 2003) (alteration in original) (internal quotation marks omitted). Petitioner’s Notice of Appeal states only that he "has fear to return to his native country of Cuba due to his protected ground thas [sic] Political Opinion." That is a "generalized and conclusory statement" that fails to satisfy the regulation’s specificity requirement. Toquero, 956 F.2d at 195. We construe pro se notices liberally. Nolasco-Amaya v. Garland, No. 20-70187 (9th Cir. 2021). But Petitioner’s Notice of Appeal, even read broadly, does not alert the BIA as to why he believes that the IJ erred. See Garcia-Cortez v. Ashcroft, 366 F.3d 749, 753 (9th Cir. 2004) (describing the specificity requirement). 2 2. Petitioner also asks this court to review the IJ’s decision. But because the BIA dismissed Petitioner’s appeal on procedural grounds, we lack jurisdiction to consider the IJ’s underlying denial of Petitioner’s applications for relief. See id. at 752 ("[W]e may not reach the merits of the IJ’s decision here, but are restricted to reviewing the BIA’s summary dismissal for appropriateness."). PETITION DENIED. 3 19-72982 Court of Appeals for the Ninth Circuit ca9 9th Cir. Yosmany Molina-Carillo v. Merrick Garland 28 September 2021 Agency Unpublished 7ead7eb8a52fbfe64d380900e2a8642f3f7419cd
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