Accordingly, we DISMISS Pegasus's appeal because it has declined to prosecute it before the Board.
SO ORDERED.
M. CYNTHIA DOUGLASS
Chief Administrative Appeals Judge
OLIVER M. TRANSUE
Administrative Appeals Judge
[ENDNOTES]
1 8 U.S.C.A. § 1182(n)(2) and 20 C.F.R. § 655.845 (2008). See also Secretary's Order No. 1-2002, 67 Fed. Reg. 64,272 (Oct. 17, 2002) (delegating to the ARB the Secretary's authority to review cases arising under, inter alia, the INA).
2 By petition also received by the Board on April 11, 2005, the Administrator cross-appealed the ALJ's D. & O.. See ARB Case No. 05-086. Pursuant to the Board's notice on April 14, 2005, the Board specified the additional issue, which the Administrator raised in his appeal, to be reviewed as whether the ALJ properly rejected the Administrator's assessment of a civil money penalty on the grounds that the Administrator failed to establish that Pegasus's INA violations were willful. The disposition of this issue is not before the Board in the instant case, ARB Case No. 05-085.
3 Courts "possess the ‘inherent power' to dismiss a case for lack of prosecution." Solnicka v. Washington Pub. Power Supply Sys., ARB No. 00- 009, ALJ No. 1999-ERA-019, slip op. at 3 (ARB Apr. 25, 2000); Reid v. Niagara Mohawk Power Corp., ARB No. 03-039, ALJ No. 2002-ERA-003, slip op. at 4 (ARB Dec. 16, 2003) (dismissing case for failing to file initial brief).
4 Link v. Wabash, 370 U.S. 626, 630-31 (1962).
5 See Blodgett v. TVEC, ARB No. 03-043, ALJ No. 2003-CAA-007 (ARB March 19, 2003) (dismissing complaint for failure to comply with briefing order); cf. Fed. R. App. P. 31(c) (allowing dismissal as sanction for failure to file a conforming brief); Fed. R. App. P. 41(b) (permitting courts to dismiss a complaint for failure to comply with court orders).