How have courts treated the Suspension Clause in the context of the Applicant's second petition?

1. Although we refer to Warren's February 22, 1999 petition as his "second petition," we do not mean that it was a "second or successive petition" as used, for example, in 28 U.S.C. 2244, because his earlier April 21, 1997 petition was dismissed without prejudice. See Slack v. McDaniel, 120 S.Ct. 1595, 1604-05 (2000).

1. Although we refer to Warren's February 22, 1999 petition as his "second petition," we do not mean that it was a "second or successive petition" as used, for example, in 28 U.S.C. 2244, because his earlier April 21, 1997 petition was dismissed without prejudice. See Slack v. McDaniel, 120 S.Ct. 1595, 1604-05 (2000).

2. Warren did not raise the Suspension Clause issue in his appellate brief. Although he addressed the issue during oral argument in response to a question from the panel, "[i]ssues not sufficiently argued in the briefs are considered waived and normally will not be addressed on appeal." Norton v. Sam's Club, 145 F.3d 114, 117 (2d Cir. 1998). In any case, Warren cannot plausibly claim that he was unreasonably burdened here, inasmuch as he had years to file his federal petition, he was afforded a reasonable time after the enactment of AEDPA to file, and he has given no satisfactory explanation as to why he was unable to file his petition on time. See Rodriguez, 990 F.Supp. at 283.

2. Warren did not raise the Suspension Clause issue in his appellate brief. Although he addressed the issue during oral argument in response to a question from the panel, "[i]ssues not sufficiently argued in the briefs are considered waived and normally will not be addressed on appeal." Norton v. Sam's Club, 145 F.3d 114, 117 (2d Cir. 1998). In any case, Warren cannot plausibly claim that he was unreasonably burdened here, inasmuch as he had years to file his federal petition, he was afforded a reasonable time after the enactment of AEDPA to file, and he has given no satisfactory explanation as to why he was unable to file his petition on time. See Rodriguez, 990 F.Supp. at 283.