Salomon v. Gonzales
Filing
920061129
Opinion
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 06-1651
RODNEY SALOMON, Petitioner, versus ALBERTO R. GONZALES, Attorney General, Respondent.
On Petition for Review of an Order of the Board of Immigration Appeals. (A72-040-919)
Submitted:
October 31, 2006
Decided:
November 29, 2006
Before WILKINSON, NIEMEYER, and DUNCAN, Circuit Judges.
Petition denied in part and dismissed in part by unpublished per curiam opinion.
Rodney Salomon, Petitioner Pro Se. Michele Yvette Francis Sarko, M. Jocelyn Lopez Wright, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.
Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).
PER CURIAM: Rodney Salomon, a native and citizen of Haiti, petitions for review of an order of the Board of Immigration Appeals (Board) affirming without opinion the Immigration Judge's denial of
deferral of removal under the Convention Against Torture.
Salomon
first contends that the Board erred in denying his appeal without explicitly considering his challenge to the denial of deferral of removal. Construing this as a due process challenge, we find it to See Blanco de Belbruno v. Ashcroft, 362 F.3d Cir. 2004). Next, Salomon disputes the
be without merit. 272, 280-83 (4th
Immigration Judge's finding that he does not qualify for deferral of removal. Because Salomon is an aggravated felon, we conclude See 8
that we are without jurisdiction to review this claim. U.S.C.A. § 1252(a)(2)(C) (West 2005).
We accordingly deny in part and dismiss in part the petition for review. facts and legal before We dispense with oral argument because the are and adequately argument presented not in aid the the
contentions the court
materials
would
decisional process.
PETITION DENIED IN PART AND DISMISSED IN PART
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