Dume v. Ashcroft
Opinion of the Court
ORDER
Vladimir Ferit Dume, a citizen of Albania currently residing in Michigan, petitions through counsel for review of an order of the Board of Immigration Appeals denying his motion to reopen his applications for asylum, withholding of removal, relief under the United Nations Convention Against Torture, and voluntary departure. The parties have waived oral argument, and this panel unanimously agrees that oral argument is not needed in this case. Fed. R.App. P. 34(a).
Dume was born in Albania in 1954. He entered the United States in 1995, and overstayed his visa. He conceded removability, but applied for the relief set forth above. A hearing was held before an immigration judge (IJ), at which Dume testified that he, like his grandfather and father before him, had been imprisoned for his political views during the Communist
The court granted Dume’s motion for a stay of removal pending the outcome of this case. Dume’s opening brief addresses only the original IJ’s decision and the BIA’s affirmance thereof. Respondent points out that only the denial of the motion for reopening is before the court. In his reply brief, Dume argues that the evidence he submitted with his motion to reopen met the statutory requirements for reopening.
The notice of appeal in this case, filed after the denial of the motion to reopen, applies only to the denial of the motion, and not to the underlying decision. Stone v. INS, 514 U.S. 386, 394, 115 S.Ct. 1537, 131 L.Ed.2d 465 (1995). Thus, the issues raised in Dume’s opening brief are irrelevant to this court’s review. Normally, arguments which are not raised in a proponent’s opening brief are considered abandoned. Youghiogheny & Ohio Coal Co. v. Milliken, 200 F.3d 942, 955 (6th Cir. 1999). Therefore, because Dume raised no issue regarding the denial of his motion to reopen in his first brief, he has arguably waived his right to review of his case.
Moreover, even if the abandonment of the issue under review were overlooked, it does not appear that the BIA abused its discretion in denying Dume’s motion to reopen. Scorteanu v. INS, 339 F.3d 407, 411 (6th Cir. 2003). A motion to reopen is properly denied where the movant does not introduce previously unavailable material evidence. INS v. Abudu, 485 U.S. 94, 97-98, 104-05,108 S.Ct. 904, 99 L.Ed.2d 90 (1988); Dolores v. INS, 772 F.2d 223, 225 (6th Cir. 1985). Dume’s only argument in his reply brief as to why the evidence he submitted should be considered is that he did not believe further evidence was required until his applications for relief were denied by the IJ. This argument would make motions to reopen appropriate in every case in which the alien’s requests for relief were denied.
Because the denial of the motion to reopen was not an abuse of discretion, the petition for review is denied.
Reference
- Full Case Name
- Vladimir Ferit DUME v. John ASHCROFT, Attorney General
- Cited By
- 1 case
- Status
- Published