Hossain v. Gonzales
Opinion of the Court
Petitioner Sabuj Hossain (“Hossain” or “petitioner”) petitions for review of a January 31, 2003 order of the BIA, denying petitioner’s motion to reopen and reconsider the BIA’s prior October 9, 2002 decision affirming the Immigration Judge’s (“IJ”) denial of his application for asylum and withholding of removal. Hossain, a citizen of Bangladesh, claims that members of a rival political party razed his shop in Bangladesh and murdered his father, and that he fears persecution and arrest for his political beliefs should he be forced to return to that country. We assume the parties’ familiarity with the facts and procedural history of the case.
In addition to challenging the BIA’s January 31, 2003 order, Hossain contests the BIA’s October 9, 2002 order affirming without decision the IJ’s denial of asylum and withholding relief. Because Hossain did not timely appeal the 2002 decision, we lack jurisdiction to review it. See 8 U.S.C. § 1252(b)(1); Malvoisin v. INS, 268 F.3d 74, 75 (2d Cir. 2001). In addition, while Hossain petitioned for review of the BIA’s motion to reconsider and reopen, in his briefs he only argued the motion to reopen. Thus, his petition to review the motion to reconsider is waived. Cf. Norton v. Sam’s Club, 145 F.3d 114, 117 (2d Cir. 1998) (“Issues not sufficiently argued in the briefs are considered waived and normally will not be addressed on appeal.”).
We review for an abuse of discretion the BIA’s denial of the motion to reopen. See Iavorski v. INS, 232 F.3d 124, 128 (2d Cir. 2000); see also 8 C.F.R. § 3.2(a) (2003) (redesignated 8 C.F.R. § 1003.2(a) (2005)) (decision on motion to reconsider or to reopen committed to BIA’s discretion). Hossain failed to set forth “new facts” that were “supported by affidavits or other evidentiary material” to “be proven at a hearing to be held if the motion [was] granted,” 8 C.F.R § 3.2(c)(1) (2003) (redesignated 8 C.F.R.
We have considered petitioner’s remaining arguments and find them to be without merit. For the foregoing reasons, the petition for review is DENTED.
Reference
- Full Case Name
- Sabuj HOSSAIN v. Alberto R. GONZALES, United States Attorney General
- Status
- Published