Harry Osore v. Eric Holder, Jr.

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: A026-798-030 Copies to all parties and the district court/agency. [999378913]. Mailed to: Harry Osore. [13-1464]

Appeal: 13-1464

Doc: 20

Filed: 06/19/2014

Pg: 1 of 4

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 13-1464

HARRY OSORE,
Petitioner,
v.
ERIC H. HOLDER, JR., Attorney General,
Respondent.

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

Submitted:

June 13, 2014

Decided:

June 19, 2014

Before WILKINSON, MOTZ, and WYNN, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Harry Osore, Petitioner Pro Se.
Channah F. Norman, Office of
Immigration Litigation, UNITED STATES DEPARTMENT OF JUSTICE,
Washington, D.C., for Respondent.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 13-1464

Doc: 20

Filed: 06/19/2014

Pg: 2 of 4

PER CURIAM:
Harry Osore, a native and citizen of Kenya, petitions
for

review

(“Board”)
order

of

an

order

dismissing

denying

removal,

the

Board

appeal

from

applications

his

his

of

for

withholding

under

the

of

Immigration

Appeals

the

immigration

judge’s

asylum,

Convention

(“CAT”) and cancellation of removal.

withholding
Against

of

Torture

We deny the petition for

review.
Osore was found removable for having been convicted of
two crimes of moral turpitude not arising out of a single scheme
of

conduct,

Immigration

§ 237(a)(2)(A)(ii).
(2012),

we

lack

removal

of

an

including

two

Pursuant

jurisdiction

alien
or

and
to
to

convicted

more

of

crimes

Nationality
8

U.S.C.

review

the

certain

involving

Act
§

(“INA”)

1252(a)(2)(C)

final

order

enumerated

moral

of

crimes,

turpitude

not

arising out of a single scheme of criminal conduct, for which a
sentence of one year or longer may be imposed.
§ 1227(a)(2)(A)(ii) (2012).

See 8 U.S.C.

We retain jurisdiction “to review

factual determinations that trigger the jurisdiction-stripping
provision, such as whether [Osore] [i]s an alien and whether
[]he has been convicted of” two or more crimes involving moral
turpitude.

Ramtulla v. Ashcroft, 301 F.3d 202, 203 (4th Cir.

2002).

Once we confirm these two factual determinations, then

we

only

may

consider

“constitutional
2

claims

or

questions

of

Appeal: 13-1464

law.”

Doc: 20

Filed: 06/19/2014

Pg: 3 of 4

8 U.S.C. § 1252(a)(2)(D); see Mbea v. Gonzales, 482 F.3d

276, 278 n.1 (4th Cir. 2007).
Osore does not challenge the finding that he is an
alien and that he was convicted of two crimes involving moral
turpitude. *
questions

Thus, we may only consider constitutional claims or

of

law.

While

Osore

attempts

to

raise

reviewable

claims, we conclude that none of the claims have merit.
Osore challenges that part of the order directing that
he be removed to Switzerland.

We note that Osore admitted he

was a citizen of Switzerland and designated Switzerland as the
country

of

removal.

After

Osore

tried

to

retract

his

declaration, the immigration judge directed that Kenya be the
alternate country of removal.
the

statute.

8

U.S.C.

§

This is entirely consistent with

1231(b)(2)(A)(i),

(D)

(2012).

We

further conclude that there is no merit to Osore’s claim that he
is not subject to removal proceedings because he was admitted
under 8 U.S.C. § 1101(a)(15)(g)(iv) (2012).
Accordingly,
dispense

with

oral

we

deny

argument

the

petition

because

*

the

for
facts

review.
and

We
legal

While Osore may be presently challenging the convictions
in state court, there is no indication that the convictions have
been vacated or otherwise called into question.

3

Appeal: 13-1464

Doc: 20

contentions

are

Filed: 06/19/2014

adequately

Pg: 4 of 4

presented

in

the

materials

before

this court and argument would not aid the decisional process.

PETITION DENIED

4