Kester Obomighie v. Eric Holder, Jr., No. 12-2167 (4th Cir. 2012)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-2167 KESTER IGEMHOKHAI OBOMIGHIE, Petitioner, v. ERIC H. HOLDER, JR., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. Submitted: November 9, 2012 Decided: December 21, 2012 Before MOTZ, KING, and DIAZ, Circuit Judges. Petition dismissed by unpublished per curiam opinion. Kester Igemhokhai Obomighie, Petitioner Pro Se. Daniel Eric Goldman, Senior Litigation Counsel, Andrew B. Insenga, 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 Unpublished opinions are not binding precedent in this circuit.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: Kester Igemhokhai Obomighie, a native and citizen of Nigeria, petitions for review of an order of the Board Immigration Appeals ( Board ) denying his motion to reopen. of We deny the petition for review. Under lacks 8 U.S.C. jurisdiction, § 1252(a)(2)(C) except as (2006), provided this in 8 court U.S.C. § 1252(a)(2)(D) (2006), to review the final order of removal of an alien convicted of certain enumerated crimes, including an aggravated felony. This court retains jurisdiction to review factual determinations that trigger the jurisdiction-stripping provision, such as whether [Obomighie] [i]s an alien and whether [ ]he has been convicted of an aggravated felony. Ashcroft, 301 F.3d 202, 203 (4th Cir. 2002). Ramtulla v. If the court is able to confirm these two factual determinations, then, under 8 U.S.C. § 1252(a)(2)(C), (D), the court constitutional claims or questions of law. can only consider Mbea v. Gonzales, 482 F.3d 276, 278 n.1 (4th Cir. 2007). Obomighie was found removable for having two aggravated felony convictions and two convictions for crimes of moral (2006). turpitude. See 8 U.S.C. § 1227(a)(2)(A)(ii), (iii) Because Obomighie was found removable as a result of being convicted of an aggravated felony, this court does not have jurisdiction over the Board s August 24, 2012 order, see 2 Hanan v. Mukasey, 519 F.3d 760, 763 (8th Cir. 2008); Martinez Maldonado v. Gonzales, 437 F.3d 639, 683 (7th Cir. 2006), except to review the factual determinations jurisdiction-stripping provision. alien. that that trigger the Obomighie concedes he is an Our jurisdiction to review the factual determination Obomighie was convicted of an aggravated felony is proscribed by 8 U.S.C. § 1252(d)(1) (2006), under which this court may review a final order of removal only if the alien has exhausted all available remedies. 631, 638 40 (4th Cir. 2008). exhausted assault his claim were not that Massis v. Mukasey, 549 F.3d Because Obomighie never properly his convictions aggravated felonies, jurisdiction to review those findings. for we fraud are and for without Thus, this court is left only with the jurisdiction to review constitutional claims or questions of law pertaining to the August 24, 2012 order. Obomighie fails to raise a constitutional claim or a question of law concerning the Board s denial of his motion to reopen. The issue was one of new evidence that could support Obomighie s claim that conditions had changed in Nigeria to such an extent that he now had a well-founded fear of persecution. However, the Board found that he failed to submit evidence that was material to his claim for asylum or related relief. Accordingly, because Obomighie was found removable for having been convicted of an aggravated felony, this court is 3 without jurisdiction to review the Board s order. the petition for review. motion to stay removal. We also deny as moot We dismiss Obomighie s We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. PETITION DISMISSED 4

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