Jerry Holters v. Eric Holder, Jr.

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: A077-117-891. Copies to all parties and the district court/agency. [998546876] [10-2013]

Jerry Holters v. Eric Holder, Jr.

Doc. 0

Case: 10-2013

Document: 26

Date Filed: 03/17/2011

Page: 1

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 10-2013

JERRY RODRIGO HOLTERS, Petitioner, v. ERIC H. HOLDER, JR., Attorney General, Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals.

Submitted:

February 23, 2011

Decided:

March 17, 2011

Before KING, KEENAN, and WYNN, Circuit Judges.

Petition dismissed by unpublished per curiam opinion.

Joshua A. Berman, BLAINE L. GILBERT & ASSOCIATES, P.A., Baltimore, Maryland, for Petitioner. Tony West, Assistant Attorney General, Mark C. Walters, Senior Litigation Counsel, Aaron R. Petty, Office of Immigration Litigation, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

Unpublished opinions are not binding precedent in this circuit.

Dockets.Justia.com

Case: 10-2013

Document: 26

Date Filed: 03/17/2011

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PER CURIAM: Jerry Rodrigo Holters, a native and citizen of

Bolivia, petitions for review of a final administrative order of expedited removal issued by the Department of Homeland Security. For the reasons discussed below, we dismiss the petition for review. Pursuant to 8 U.S.C. § 1252(a)(2)(C) (2006), we lack jurisdiction, except as provided in 8 U.S.C. § 1252(a)(2)(D) (2006), to review the final order of removal of an alien who is removable crimes, found for having been convicted felonies. been of certain Because of an enumerated Holters was

including

aggravated having

removable

for

convicted

aggravated

felony, under § 1252(a)(2)(C), we have jurisdiction "to review factual determinations that trigger the jurisdiction-stripping provision, such as whether [Holters] [i]s an alien and whether []he has been convicted of an aggravated felony." Ashcroft, 301 F.3d 202, 203 (4th Cir. 2002). these two factual (D), determinations, we can only then, consider Ramtulla v.

Once we confirm under 8 U.S.C.

§ 1252(a)(2)(C),

"constitutional

claims or questions of law." 276, 278 n.1 (4th Cir. 2007). Although citizen of Holters he

See Mbea v. Gonzales, 482 F.3d

concedes denies

that

he

is

a

native that he

and is

Bolivia,

the

allegation

removable as an aggravated felon. 2

Based on our review of the

Case: 10-2013

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Date Filed: 03/17/2011

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record, we conclude that Holters's conviction under Md. Code Ann., Crim. Law § 7-105 (LexisNexis 2002), for attempted

unlawful taking of a motor vehicle, constituted an attempt to commit a "theft offense . . . for which the term of imprisonment [is] at least one year," and was therefore an aggravated felony. See 8 U.S.C. § 1101(a)(43)(G), (U) (2006). 1 is indeed an alien who has been Accordingly, Holters of an aggravated

convicted

felony, and § 1252(a)(2)(C) divests us of jurisdiction over the petition for review. 2 We dispense therefore oral dismiss argument the petition the for facts review. and We legal

with

because

contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

PETITION DISMISSED

Accordingly, we need not consider whether Holters's conviction for petit larceny under Virginia law also constitutes an aggravated felony. We note that Holters does not raise any colorable questions of law or constitutional issues that would fall within the exception set forth in § 1252(a)(2)(D).
2

1

3