Opinion
Docket No. 14–4574.
2015-01-29
Drabindranauth PRABHUDIAL, a/k/a Chris Sukhan, a/k/a Drabindranuth Sukhan, a/k/a Drabindran Sukhan, a/k/a Drabindranuth Sukman, a/k/a Drabindran Prabhudial, a/k/a Chris Prabhadial, Petitioner, v. Eric H. HOLDER, Jr., United States Attorney General, Respondent.
Stephen K. Tills, Orchard Park, N.Y., for Petitioner. Neelam Ihsanullah (with Joyce R. Branda, Jennifer Williams, Anthony Cardozo Payne), Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent.
Decided: March 12, 2015.
Petition dismissed.
Stephen K. Tills, Orchard Park, N.Y., for Petitioner. Neelam Ihsanullah (with Joyce R. Branda, Jennifer Williams, Anthony Cardozo Payne), Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent.
Drabindranauth Prabhudial, a citizen of Guyana, petitions for review of a Board of Immigration Appeals (“BIA”) decision affirming Immigration Judge Steven J. Connelly's (the “IJ”) finding that Prabhudial had been convicted of an aggravated felony and was therefore removable and ineligible for cancellation of removal. The BIA concluded that Prabhudial waived his primary argument by failing to raise it before the IJ. Prabhudial moves for a stay of removal pending appeal. The Government moves to dismiss Prabhudial's petition for review for lack of jurisdiction. On the issue presented, we hold that the BIA may apply the doctrine of waiver to matters not raised before an IJ. The Government's motion is granted and the petition is dismissed. Prabhudial's motion for a stay of removal is denied as moot.)