Oniel Allman v. Eric Holder, Jr., No. 10-1242 (4th Cir. 2011)

Annotate this Case

Download PDF

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-1242 ONIEL A. ALLMAN, Petitioner, v. ERIC H. HOLDER, JR., Attorney General, Respondent. On Petition for Review of an Order of the Department of Homeland Security, Immigration and Customs Enforcement. Submitted: February 15, 2011 Decided: March 18, 2011 Before MOTZ, KING, and DAVIS, Circuit Judges. Petition denied by unpublished per curiam opinion. Oniel A. Allman, Petitioner Pro Se. Tyrone Sojourner, David H. Wetmore, 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 Unpublished opinions are not binding precedent in this circuit.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: Oniel petitions for A. Allman, review a and a of native citizen of final administrative Jamaica, order of expedited removal issued by Immigration and Customs Enforcement (ICE). For the reasons discussed below, we deny the petition for review. Pursuant to 8 U.S.C. § 1252(a)(2)(C) (2006), we lack jurisdiction, except as provided in 8 U.S.C. § 1252(a)(2)(D) (2006), to review the final order of removal of an alien who is removable for having been convicted crimes, including aggravated felonies. of certain enumerated Because Allman was found removable for having been convicted of an aggravated felony, under § 1252(a)(2)(C), we have jurisdiction to review factual determinations that trigger the jurisdiction-stripping provision, such as whether [Allman] [i]s an alien and whether []he has been convicted of an aggravated felony. Ashcroft, 301 F.3d 202, 203 (4th Cir. 2002). these two factual § 1252(a)(2)(C), determinations, (D), we may claims or questions of law. then, consider only Ramtulla v. Once we confirm under 8 U.S.C. constitutional See Mbea v. Gonzales, 482 F.3d 276, 278 n.1 (4th Cir. 2007). Allman contends aggravated felony. that he was not convicted of an Based on our review of the record, we find that Allman s conviction under Va. Code Ann. § 40.1-103 (Michie 2 2002 & Supp. 2010) amounted to a crime of violence and was therefore an aggravated felony. (2006). See 8 U.S.C. § 1101(a)(43)(F) We therefore reject Allman s contention that he was not properly ordered removed pursuant to 8 U.S.C. § 1228(b) (2006), and find his assertion that he was indeed eligible for relief from removal to be without merit. Accordingly, dispense with oral we deny argument the petition because the for facts review. and We legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. PETITION DENIED 3

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.