Shirley Haye v. Eric Holder, Jr., No. 14-1012 (4th Cir. 2014)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-1012 SHIRLEY OSBOURNE HAYE, a/k/a Shirley Osburnce Haye, Petitioner, v. ERIC H. HOLDER, JR., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. Submitted: May 7, 2014 Decided: May 21, 2014 Before SHEDD, DUNCAN, and FLOYD, Circuit Judges. Petition dismissed by unpublished per curiam opinion. Shirley Osbourne Haye, Petitioner Pro Se. Stuart F. Delery, Michael Christopher Heyse, John Hogan, 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 Unpublished opinions are not binding precedent in this circuit.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: Shirley Jamaica, Osbourne petitions Immigration Appeals immigration judge s for Haye, review ( Board ) denial a of native an order dismissing of his and of his request removal under the Convention Against Torture. citizen the Board of from appeal for of the deferral of For the reasons discussed below, we dismiss the petition for review. Pursuant to 8 U.S.C. § 1252(a)(2)(C) (2012), we lack jurisdiction, except as provided in 8 U.S.C. § 1252(a)(2)(D) (2012), to review the final order of removal of an alien who is removable for having been convicted of crimes, including an aggravated felony. certain enumerated Under § 1252(a)(2)(C), we retain jurisdiction to review factual determinations that trigger the jurisdiction-stripping provision, such as whether [Haye] [i]s an alien and whether []he has been convicted of an aggravated felony. (4th Cir. 2002). Ramtulla v. Ashcroft, 301 F.3d 202, 203 Once we confirm these two factual determinations, then, under 8 U.S.C. § 1252(a)(2)(C), (D), we can only consider constitutional claims or questions of law. § 1252(a)(2)(D); see Turkson v. Holder, 667 F.3d 523, 527 (4th Cir. 2012). Because Haye has conceded that he is a native and citizen of Jamaica and that he has been convicted of a criminal offense that qualifies as an aggravated felony, see 8 U.S.C. 2 § 1101(a)(43)(R) (2012) (defining aggravated felony as including an offense relating to . . . forgery . . . for which the term of imprisonment is at least one year ), § 1252(a)(2)(C) divests us of jurisdiction. * we find that We therefore deny leave to proceed in forma pauperis and dismiss the petition for review. legal before We dispense with oral argument because the facts and contentions the court are adequately and argument presented would not in aid the the materials decisional process. PETITION DISMISSED * Haye does not raise any questions of law or constitutional issues that would fall within the exception set forth in § 1252(a)(2)(D). 3

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