Id. at 369 (quoting United States v. Al-Hamdi, 356 F.3d 564, 571 n. 8 (4th Cir.2004)). An appellant cannot remedy the situation by raising the issue in his reply brief. See Yousefi v. INS, 260 F.3d 318, 326 (4th Cir.2001) (per curiam). Although “in rare circumstances, appellate courts, in their discretion, may overlook [the rule that appellants abandon arguments that they do not raise in their opening briefs] and others like it if they determine that a ‘miscarriage of justice’ would otherwise result,” A Helping Hand, 515 F.3d at 369 (quoting Venkatraman v. REI Sys., Inc., 417 F.3d 418, 421 (4th Cir.2005)), Suarez-Valenzuela “has not even explained why [he] failed to. raise th[is] argument! ] earlier, let alone why, absent our consideration, a miscarriage of justice would result,” id. (<HOLDING>). Consequently, by neglecting to challenge the
recognizing this rule recognizing this as the general rule holding that defendant failed to meet the burden of strict proof required to show abandonment holding that the appellant had failed to overcome the rule regarding abandonment for this reason holding this court will not consider constitutional challenge where appellant failed to strictly comply with rule 9e