Carrington v. Sessions

FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT January 22, 2019 _________________________________ Elisabeth A. Shumaker Clerk of Court GABRIEL ORLANDO CARRINGTON, Petitioner, v. No. 18-9531 (DHS No. 0592) MATTHEW G. WHITAKER, Acting (DHS Homeland Security) United States Attorney General, Respondent. _________________________________ ORDER AND JUDGMENT** _________________________________ Before McHUGH, BALDOCK, and O’BRIEN, Circuit Judges. _________________________________ Gabriel Orlando Carrington petitions for review of the Department of Homeland Security’s (DHS) order reinstating his prior removal order under 8 U.S.C. § 1231(a)(5). “We have jurisdiction to hear petitions for direct review of  In accordance with Rule 43(c)(2) of the Federal Rules of Appellate Procedure, Matthew G. Whitaker is substituted for Jefferson B. Sessions, III, as the respondent in this action. ** After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist in the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument. This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. reinstatement orders under [8 U.S.C.] § 1252.” Cordova-Soto v. Holder, 659 F.3d 1029, 1032 (10th Cir. 2011) (alterations and internal quotation marks omitted). We deny the petition for review. BACKGROUND Mr. Carrington is a native and citizen of Barbados. He originally entered the United States in 1990 and obtained a legal permanent resident card (I-551 Card). He later pled guilty to and was convicted of possession of a controlled substance (cocaine) in 1994, driving while ability impaired in 2001, and weapon possession by a previous felony offender in 2004. In June 2005, an immigration judge ordered Carrington removed to Barbados as an aggravated felon. See 8 U.S.C. § 1227(a)(2)(A)(iii). A Warrant of Removal/Deportation was issued a short time later, and Carrington was given a Warning to Alien Ordered Removed or Deported (Form I-294). In relevant part, Form I-294 warned Carrington that removal due to his aggravated-felony conviction meant he was “prohibited from entering, attempting to enter, or being in the United States . . . [a]t any time.” Admin. R. at 12. Form I-294 also warned Carrington that after his removal, he had to “request and obtain permission from the Attorney General to reapply for admission to the United States,” and he had to obtain that “permission before commencing [his] travel to the United States.” Id. He was further warned that without the Attorney General’s consent, it is a crime to enter, attempt to enter, or be found in the United States during the period he was barred from doing so. Carrington signed the form, confirming his receipt of the warnings regarding reentry. In November 2005, he was removed to Barbados. 2 In 2018, immigration officials encountered Carrington at the Colorado Department of Motor Vehicles. After an ...

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