Khatun v. Filip

Summary

The Second Circuit denied Amina Khatun’s petition for review of the BIA’s denial of her motion to reconsider. The court held that Khatun waived any challenge to the decision properly before the court because her brief addressed the BIA’s earlier denial of her motion to reopen, and it dismissed her pending motion for a stay of removal as moot.

Holdings

1. The court's review was limited to the BIA's denial of Khatun's motion to reconsider because that was the only decision from which she filed a timely petition for review; the earlier denial of her motion to reopen was not properly before the court.
2. Khatun waived any challenge to the BIA's denial of her motion to reconsider by failing to address that decision in her brief, requiring denial of the petition for review.
3. Even absent waiver, the BIA did not abuse its discretion in denying reconsideration where Khatun merely repeated arguments that the BIA had previously considered and rejected.
4. Khatun's pending motion for a stay of removal was dismissed as moot after the court completed its review.

Questions Presented

1. Whether the Second Circuit could review challenges to the BIA's denial of a motion to reopen when Khatun timely petitioned for review only of the BIA's denial of reconsideration.
2. Whether Khatun waived any challenge to the BIA decision properly before the court by failing to raise arguments addressing the denial of reconsideration.
3. Whether Khatun's pending motion for a stay of removal should be dismissed as moot after the court completed its review.

Disposition

denied