Khusro Mansoor v. Eric Holder, Jr., No. 12-1433 (4th Cir. 2013)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-1433 KHUSRO AFAQ MANSOOR, Petitioner, v. ERIC H. HOLDER, JR., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. Submitted: January 11, 2013 Decided: January 17, 2013 Before MOTZ, GREGORY, and DAVIS, Circuit Judges. Petition dismissed by unpublished per curiam opinion. Aroon Roy Padharia, Washington, D.C. for Petitioner. Stuart F. Delery, Acting Assistant Attorney General, William C. Peachey, Assistant Director, Ada E. Bosque, 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 Unpublished opinions are not binding precedent in this circuit.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: Khusro Afaq Mansoor, a native and citizen of Pakistan, petitions for review of an order of the Board of Immigration Appeals ( Board ) § 1227(a)(2)(A)(i) finding (2006) him as involving moral turpitude. removable an alien under convicted 8 of U.S.C. a crime For the reasons discussed below, we dismiss the petition for review. In 2010, Mansoor was convicted in the Juvenile and Domestic Relations Court of Fairfax County, Virginia, of assault and battery of a family member and malicious destruction or damage of a telephone with the intent to prevent another person from summoning found Mansoor conviction enforcement. removable and immigration law thus based [found] consequences of In on it its his decision, malicious unnecessary [Mansoor] s the Board destruction to address the domestic assault and battery conviction. Mansoor raises three claims in his brief before this court: (1) the Board erred by failing to apply Va. Code Ann. § 19.2-264.2 destruction (2008) in conviction determining constituted a whether crime his malicious involving moral turpitude; (2) the immigration judge committed reversible error in finding that Mansoor s conviction for assault and battery against a family member qualified as a crime involving moral turpitude; and (3) the immigration judge committed reversible 2 error in finding that Mansoor s two convictions, taken together, constituted two crimes involving moral turpitude that did not arise from a single scheme of criminal misconduct. We have thoroughly reviewed the parties briefs and the administrative record and jurisdiction to consider Claim 1. conclude we are without Mansoor failed to exhaust his administrative remedies by presenting this claim below. See 8 U.S.C. § 1252(d)(1) (2006); Massis v. Mukasey, 549 F.3d 631, 638 (4th Cir. 2008). As for Mansoor s remaining claims, we find that they fail to properly address the basis for the Board s decision; the Board expressly declined to reach the immigration consequences of Mansoor s domestic assault and battery conviction. Accordingly, we dismiss the petition for review. dispense with contentions are oral argument adequately because presented in the the facts We and legal materials before this court and argument would not aid the decisional process. PETITION DISMISSED 3
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