Court of Appeals for the Ninth Circuit September 8, 2003, No. 02-70756; Agency No. A75-509-939 (Cheluca v. Ashcroft)

*801MEMORANDUM *

Arturo Vargas Cheluca (“Cheluca”), a native and citizen of Mexico, appeals the Board of Immigration Appeals’ (“BIA”) summary dismissal of his appeal from the decision of the immigration judge denying him cancellation of removal under 8 U.S.C. § 1229b, INA § 240A(b)(l)(D). We affirm the BIA’s dismissal and deny the petition.

The BIA may summarily dismiss an appeal if “[t]he party .