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Sealed Petitioner v. Sessions

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
Nov 20, 2017
No. 17-60512 (5th Cir. Nov. 20, 2017)

Opinion

No. 17-60512

11-20-2017

SEALED PETITIONER, Petitioner v. JEFFERSON B. SESSIONS, III, U. S. ATTORNEY GENERAL, Respondent


Summary Calendar Petition for Review of an Order of the Board of Immigration Appeals
BIA No. A089 382 147 Before DENNIS, SOUTHWICK, and HIGGINSON, Circuit Judges. PER CURIAM:

Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. --------

We lack jurisdiction to consider the two issues Petitioner raises on appeal. First, he contends that the Board of Immigration Appeals failed to apply the "clearly erroneous" standard of review and instead "rejected the [immigration judge's] record-based findings in favor of [the Board's] own assessment of the evidence." But this issue is outside our jurisdiction because Petitioner never presented it to the Board. See Omari v. Holder, 562 F.3d 314, 319-21 (5th Cir. 2009). Second, Petitioner contends that the Board made erroneous factual findings. But he is removable for having committed crimes covered by 8 U.S.C. § 1227(a)(2)(A)(iii) and (B)(i), depriving us of jurisdiction to review issues of fact. See 8 U.S.C. § 1252(a)(2)(C),(D). Although Petitioner is correct that that we may review whether the facts found are legally sufficient to warrant relief, see, e.g., Alvarado de Rodriguez v. Holder, 585 F.3d 227, 234 (5th Cir. 2009); Matter of Z-Z-O, 26 I. & N. Dec. 586, 590-91 (BIA 2015), that is not the nature of his appeal. Rather, he complains that he "presented substantial, credible, and unchallenged evidence" contradicting the Board's findings. That is squarely an issue of fact. See, e.g., Escudero-Arciniega v. Holder, 702 F.3d 781, 785 (5th Cir. 2012); Morka v. Holder, 554 F. App'x 342, 343 (5th Cir. 2014).

It is therefore ORDERED that Respondent's opposed motion to dismiss the petition for review for lack of jurisdiction is GRANTED.


Summaries of

Sealed Petitioner v. Sessions

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
Nov 20, 2017
No. 17-60512 (5th Cir. Nov. 20, 2017)
Case details for

Sealed Petitioner v. Sessions

Case Details

Full title:SEALED PETITIONER, Petitioner v. JEFFERSON B. SESSIONS, III, U. S…

Court:UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

Date published: Nov 20, 2017

Citations

No. 17-60512 (5th Cir. Nov. 20, 2017)