Junior Phillips v. Eric Holder, Jr.

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [998833032-2] Originating case number: A043-401-044 Copies to all parties and the district court/agency. [998935086].. [12-1471]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 12-1471

JUNIOR ANTHONY PHILLIPS,
Petitioner,
v.
ERIC H. HOLDER, JR.,
Respondent.

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

Submitted:

July 17, 2012

Decided:

September 11, 2012

Before GREGORY, DIAZ, and FLOYD, Circuit Judges.

Petition dismissed by unpublished per curiam opinion.

Junior Anthony Phillips, Petitioner Pro Se. Stefanie A. SvorenJay, Office of Immigration Litigation, UNITED STATES DEPARTMENT
OF JUSTICE, Washington, D.C., for Respondent.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Junior
Jamaica,

Anthony

petitions

Immigration

for

Appeals

Phillips,
review

of

(“Board”)

a
an

native
order

sustaining

and
of

the

citizen

the

of

Board

of

Department

of

Homeland Security’s appeal from the immigration judge’s grant of
Phillips’

application

for

Convention Against Torture.

deferral

of

removal

under

the

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

for

having

been

convicted

of

crimes, including an aggravated felony.

certain

enumerated

Under § 1252(a)(2)(C),

we retain jurisdiction “to review factual determinations that
trigger

the

jurisdiction-stripping

provision,

such

as

whether

[Phillips] [i]s an alien and whether []he has been convicted of
an aggravated felony.”
(4th

Cir.

2002).

Ramtulla v. Ashcroft, 301 F.3d 202, 203
Once

we

confirm

these

two

factual

determinations, then, under 8 U.S.C. § 1252(a)(2)(C), (D), we
can only consider “constitutional claims or questions of law.”
§ 1252(a)(2)(D); see Mbea v. Gonzales, 482 F.3d 276, 278 n.1
(4th Cir. 2007).
Because Phillips has conceded that he is a native and
citizen

of

Jamaica

and

that

he
2

has

been

convicted

of

an

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aggravated felony as defined in 8 U.S.C. § 1101(a)(43)(G) (2006)
(defining

aggravated

felony

as

including

“a

theft

offense

(including receipt of stolen property) or burglary offense for
which the term of imprisonment [is] at least one year”), we find
that

§

1252(a)(2)(C)

divests

petition for review. *

us

of

jurisdiction

over

the

We therefore deny leave to proceed in

forma pauperis and dismiss the petition for review.

We dispense

with oral argument because the facts and legal contentions are
adequately

presented

in

the

materials

before

the

court

and

argument would not aid the decisional process.

PETITION DISMISSED

*

Phillips does not raise any colorable questions of law or
constitutional issues that would fall within the exception set
forth in § 1252(a)(2)(D).

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