Harry Osore v. Eric Holder, Jr., No. 13-1464 (4th Cir. 2014)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-1464 HARRY OSORE, Petitioner, v. ERIC H. HOLDER, JR., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. Submitted: June 13, 2014 Decided: June 19, 2014 Before WILKINSON, MOTZ, and WYNN, Circuit Judges. Petition denied by unpublished per curiam opinion. Harry Osore, Petitioner Pro Se. Channah F. Norman, Office of Immigration Litigation, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Harry Osore, a native and citizen of Kenya, petitions for review ( Board ) order of an order Board of Immigration Appeals appeal from the immigration judge s applications for dismissing denying removal, his his withholding of the under the asylum, Convention ( CAT ) and cancellation of removal. withholding Against of Torture We deny the petition for review. Osore was found removable for having been convicted of two crimes of moral turpitude not arising out of a single scheme of conduct, Immigration § 237(a)(2)(A)(ii). (2012), we lack removal of an including two Pursuant jurisdiction alien or and to to convicted more of crimes Nationality 8 U.S.C. review the certain involving Act § ( INA ) 1252(a)(2)(C) final order enumerated moral of crimes, turpitude not arising out of a single scheme of criminal conduct, for which a sentence of one year or longer may be imposed. § 1227(a)(2)(A)(ii) (2012). See 8 U.S.C. We retain jurisdiction to review factual determinations that trigger the jurisdiction-stripping provision, such as whether [Osore] [i]s an alien and whether []he has been convicted of two or more crimes involving moral turpitude. Ramtulla v. Ashcroft, 301 F.3d 202, 203 (4th Cir. 2002). Once we confirm these two factual determinations, then we only may consider constitutional 2 claims or questions of law. 8 U.S.C. § 1252(a)(2)(D); see Mbea v. Gonzales, 482 F.3d 276, 278 n.1 (4th Cir. 2007). Osore does not challenge the finding that he is an alien and that he was convicted of two crimes involving moral turpitude. * questions Thus, we may only consider constitutional claims or of law. While Osore attempts to raise reviewable claims, we conclude that none of the claims have merit. Osore challenges that part of the order directing that he be removed to Switzerland. We note that Osore admitted he was a citizen of Switzerland and designated Switzerland as the country of removal. After Osore tried to retract his declaration, the immigration judge directed that Kenya be the alternate country of removal. the statute. 8 U.S.C. § This is entirely consistent with 1231(b)(2)(A)(i), (D) (2012). We further conclude that there is no merit to Osore s claim that he is not subject to removal proceedings because he was admitted under 8 U.S.C. § 1101(a)(15)(g)(iv) (2012). Accordingly, dispense with oral we deny argument the petition because * the for facts review. and We legal While Osore may be presently challenging the convictions in state court, there is no indication that the convictions have been vacated or otherwise called into question. 3 contentions are adequately presented in the materials before this court and argument would not aid the decisional process. PETITION DENIED 4
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