Duc Dinh v. Eric Holder, Jr., No. 12-1137 (4th Cir. 2012)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-1137 DUC NGOC DINH, Petitioner, v. ERIC H. HOLDER, JR., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. Submitted: July 12, 2012 Decided: July 20, 2012 Before KING and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Petition dismissed by unpublished per curiam opinion. Ivan Yacub, LAW OFFICE OF IVAN YACUB, Falls Church, Virginia, for Petitioner. Stuart F. Delery, Acting Assistant Attorney General, Ernesto H. Molina, Jr., Assistant Director, Jamie M. Dowd, Senior Litigation Counsel, 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 Unpublished opinions are not binding precedent in this circuit.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: Duc Ngoc Dinh, a native and citizen of Vietnam, petitions for review of an order of the Board of Immigration Appeals ( Board ) dismissing his appeal from the immigration judge s order denying his motion to terminate proceedings and finding him removable for having been convicted of an aggravated felony. We dismiss 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 of crimes, including aggravated felonies. certain enumerated Because Dinh was found removable for having been convicted of an aggravated felony, under § 1252(a)(2)(C), we have jurisdiction to review factual determinations that provision, as such trigger whether the [Dinh] jurisdiction-stripping [i]s an alien [ ]he has been convicted of an aggravated felony. Ashcroft, 301 F.3d 202, 203 (4th Cir. 2002). these two factual § 1252(a)(2)(C), (D), determinations, we can claims or questions of law. only then, consider and whether 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). Although Dinh concedes that he is a native and citizen of Vietnam, he denies the allegation that he is removable as an 2 aggravated felon. Based on our review of the record, we conclude that Dinh s conviction under Md. Code Ann., Crim. Law § 7 105 (LexisNexis 2012), Motor Vehicle Theft, constituted an attempt to commit a theft offense . . . for which the term of imprisonment aggravated [is] at least felony. See one 8 year, U.S.C. and was therefore § 1101(a)(43)(G) an (2006). Accordingly, Dinh is indeed an alien who has been convicted of an aggravated jurisdiction felony, over the petition for review. facts and materials legal before and § 1252(a)(2)(C) petition for review. divests We us of dismiss the We dispense with oral argument because the contentions are adequately the and argument court presented would not in the aid the decisional process. PETITION DISMISSED 3
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