Manta

MEMORANDUM **

Petitioner Christina Manta, a citizen of Greece, was admitted to the United States in February 1999 as a non-immigrant visitor and remained in the United States well after August 12, 1999, the date her visa expired. Manta claims that she filed an application for an extension of stay because her daughter, who was born after Manta came to the United States, could not travel due to medical problems. This application was never adjudicated by the Department of Homeland Security (DHS). In October 2003, Manta was charged as removable under 8 U.S.C. § 1227 (a)(1)(B) for overstaying her visa. She contested her removability and, in the alternative, requested voluntary departure under 8 U.S.C. § 1229e(a) and (b). The Immigration Judge (IJ) concluded that Manta was removable and denied her request for voluntary departure. The Board of Immigration Appeals (BIA) dismissed Manta’s appeal, and Manta filed this petition for review.

In her petition for review, Manta contends that the BIA erred in concluding that DHS was not estopped from removing her, that the IJ’s decision to admit certain evidence at her merits hearing deprived her of due process and her Sixth Amendment right of…