Taher v. Sessions

16-4201 Taher v. Sessions BIA Kolbe, IJ A043 550 073 UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT=S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING TO A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL. 1 At a stated term of the United States Court of Appeals 2 for the Second Circuit, held at the Thurgood Marshall United 3 States Courthouse, 40 Foley Square, in the City of New York, 4 on the 13th day of March, two thousand eighteen. 5 6 PRESENT: 7 ROBERT A. KATZMANN, 8 Chief Judge, 9 DEBRA ANN LIVINGSTON, 10 SUSAN L. CARNEY, 11 Circuit Judges. 12 _____________________________________ 13 14 MOHAMED FAITHEL TAHER, 15 Petitioner, 16 17 v. 16-4201 18 NAC 19 JEFFERSON B. SESSIONS III, 20 UNITED STATES ATTORNEY GENERAL, 21 Respondent. 22 _____________________________________ 23 24 FOR PETITIONER: Melinda M. Basaran, Paterson, NJ. 25 26 FOR RESPONDENT: Chad A. Readler, Acting Assistant 27 Attorney General; Linda S. 28 Wernery, Assistant Director; 29 Janice K. Redfern, Senior 30 Litigation Counsel, Office of 31 Immigration Litigation, United 32 States Department of Justice, 33 Washington, DC. 1 UPON DUE CONSIDERATION of this petition for review of a 2 Board of Immigration Appeals (“BIA”) decision, it is hereby 3 ORDERED, ADJUDGED, AND DECREED that the petition for review 4 is DENIED. 5 Petitioner Mohamed Faithel Taher, a native and citizen 6 of Yemen, seeks review of a November 22, 2016 decision of 7 the BIA affirming a June 7, 2016 decision of an Immigration 8 Judge (“IJ”) pretermitting Taher’s applications for asylum, 9 a waiver of inadmissibility, and cancellation of removal, 10 and denying his applications for withholding of removal and 11 relief under the Convention Against Torture (“CAT”). In re 12 Mohamed Faithel Taher, No. A 043 550 073 (B.I.A. Nov. 22, 13 2016), aff’g No. A 043 550 073 (Immig. Ct. N.Y. City June 14 7, 2016). We assume the parties’ familiarity with the 15 underlying facts and procedural history in this case. 16 Our jurisdiction to review Taher’s final order of 17 removal is limited to “constitutional claims or questions 18 of law.” 8 U.S.C. § 1252(a)(2)(C), (D). We review de novo 19 Taher’s legal challenge to the agency’s aggravated felony 20 determination. Pierre v. Holder, 588 F.3d 767, 772 (2d 21 Cir. 2009). We conclude that the agency correctly found 22 that Taher’s conviction is an aggravated felony that bars 2 1 him from receiving relief in the form of asylum, waiver of 2 inadmissibility, and cancellation of removal. 3 Contrary to Taher’s position, because the aggravated 4 felony determination ...

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