Pablo Mariazza v. Attorney General United States

NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ______________ No. 21-2606 ______________ PABLO MARIAZZA, Petitioner v. ATTORNEY GENERAL OF THE UNITED STATES OF AMERICA ______________ On Petition for Review of an Order of the Board of Immigration Appeals (Agency No. BIA-1: A088-073-571) Immigration Judge: Jack H. Weil ______________ Submitted Under Third Circuit L.A.R. 34.1(a) October 6, 2022 ______________ Before: HARDIMAN, SHWARTZ, and NYGAARD, Circuit Judges (Filed: October 7, 2022) ______________ OPINION * ______________ SHWARTZ, Circuit Judge. * This disposition is not an opinion of the full Court and, pursuant to I.O.P. 5.7, does not constitute binding precedent. Pablo Mariazza petitions for review of the Board of Immigration Appeals’ (“BIA”) final order of removal, arguing that the BIA (1) erred in concluding that his theft by deception conviction under 18 Pa. Cons. Stat. § 3922(a)(1) was an aggravated felony “theft offense” as defined in 8 U.S.C. § 1101(a)(43)(G), making him removable under 8 U.S.C. § 1227(a)(2)(A)(iii); and (2) violated his due process rights by considering K.A. v. Attorney General, 997 F.3d 99 (3d Cir. 2021), without first providing notice or requesting supplemental briefing. Because Mariazza’s arguments lack merit, we will deny the petition. I A In 1999, Mariazza, a native and citizen of Venezuela, was temporarily admitted into the United States on a six-month visa. In 2002, he was reclassified as a student and permitted to remain in the country while he attended Miami Dade College, with those studies to be completed by 2006. Mariazza failed to complete his studies by the deadline and was ordered to leave the country immediately. Rather than leave the country, Mariazza stayed and committed several crimes on two different dates, which led to convictions for: (1) grand theft in violation of Fla. Stat. Ann. § 812.014(2)(c), (2) two additional counts of grand theft in violation of Fla. Stat. Ann. § 812.014(2)(c), and (3) burglary of an unoccupied dwelling in violation of Fla. Stat. Ann. § 810.02(3)(B). B 2 The Department of Homeland Security (“DHS”) initiated removal proceedings against Mariazza and issued him a notice to appear (“NTA”) before an Immigration Judge (“IJ”). The NTA charged him with being removable because he remained in the United States for longer than permitted and failed to comply with the conditions of his visa, in violation of 8 U.S.C. § 1227(a)(1)(B) and (C)(i), respectively. Mariazza petitioned for withholding of removal and deferral of removal under the Convention Against Torture (“CAT”). While his removal proceedings were pending, Mariazza was convicted of theft by deception in violation of 18 Pa. Cons. Stat. § 3922(a)(1) and sentenced to seven to twenty-three months’ imprisonment. As a result, DHS added two more charges of removability because Mariazza was convicted of (1) an aggravated felony theft offense as defined by 8 U.S.C. § 1101(a)(43)(G), based on his Pennsylvania theft by deception crime, 8 U.S.C. § 1227(a)(2)(A)(iii); and (2) two or more crimes involving moral turpitude (“CIMT”), based on his Florida crimes, 8 U.S.C. § 1227(a)(2)(A)(ii). Mariazza opposed the additions, but the IJ …

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