Mathakutha v. United States Department of Homeland Security
Opinion of the Court
SUMMARY ORDER
Petitioner Sania Mathakutha, a native and citizen of South Africa, seeks review of
Because Mathakutha does not specifically challenge the denial of her motion for a continuance in her brief on appeal, we deem that argument waived. See Yueqing Zhang v. Gonzales, 426 F.3d 540, 542 n. 1, 546 n. 7 (2d Cir. 2005); Norton v. Sam’s Chib, 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.”).
Mathakutha argues that the BIA abused its discretion in refusing to reopen her proceedings to consider her eligibility for adjustment of status. We identify no abuse of discretion where (1) the motion to reopen was filed more than one year after entry of the agency’s final order of removal and was, thus, time-barred (a fact that petitioner does not contest), see 8 U.S.C. § 1229a(c)(7)(c), and (2) Mathakutha failed to depart during the voluntary departure period, see Matter of Velarde-Pacheco, 23 I. & N. Dec. 253, 256 (B.I.A. 2002); cf. Singh v. Gonzales, 468 F.3d 135, 139 (2d Cir. 2006).
We have considered Mathakutha’s other arguments and conclude that they are without merit. Accordingly, the petition for review is DENIED.
. We note further that Mathakutha failed both to apply for adjustment of status and to show an approved 1-130 visa, cf. Huarcaya v. Mukasey, 550 F.3d 224, 230 (2d Cir. 2008); Pedreros v. Keisler, 503 F.3d 162, 165 (2d Cir. 2007), but this point was not addressed by the BIA.
Reference
- Full Case Name
- Sania MATHAKUTHA v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY, United States Department of Justice
- Status
- Published