Said Hmamouch v. Eric Holder, Jr.

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to dismiss appeal [999193581-2] in 13-2108 Originating case number: A047-024-491 Copies to all parties and the district court/agency. [999340763]. Mailed to: Said Hmamouch. [13-2108, 13-2392]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 13-2108

SAID HMAMOUCH,
Petitioner,
v.
ERIC H. HOLDER, JR., Attorney General,
Respondent.

No. 13-2392

SAID HMAMOUCH,
Petitioner,
v.
ERIC H. HOLDER, JR., Attorney General,
Respondent.

On Petitions for Review of Orders of the Board of Immigration
Appeals.

Submitted:

April 17, 2014

Decided:

April 22, 2014

Before KING, AGEE, and WYNN, Circuit Judges.

Petitions dismissed by unpublished per curiam opinion.

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Said Hmamouch, Petitioner Pro Se. Ada Elsie Bosque, Yamileth G.
Davila, Nicole N. Murley, 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Unpublished opinions are not binding precedent in this circuit.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:
In

these

consolidated

petitions

for

review,

Said

Hmamouch, a native and citizen of Morocco, seeks review of an
order of the Board of Immigration Appeals (“Board”) dismissing
his appeal from the immigration judge’s decision finding him
ineligible for asylum and withholding of removal and denying his
application for deferral of removal under the Convention Against
Torture (No. 13-2108) and the Board’s subsequent order denying
his

motion

to

reconsider

(No.

13-2391).

For

the

reasons

discussed below, we dismiss the petitions for review.
Pursuant to 8 U.S.C. § 1252(a)(2)(C) (2012), we lack
jurisdiction, except as provided in 8 U.S.C. § 1252(a)(2)(D)
(2012), to review the final order of removal of an alien who is
removable

for

having

been

convicted

of

two

or

more

crimes

involving moral turpitude, not arising out of a single scheme of
criminal misconduct, for each of which a sentence of a year or
longer may be imposed.
(9th Cir. 2011).

See Planes v. Holder, 652 F.3d 991, 998

Under § 1252(a)(2)(C), we retain jurisdiction

“to review factual determinations that trigger the jurisdictionstripping provision, such as whether [Hmamouch] [i]s an alien
and

whether

[]he

has

been

involving moral turpitude].”
202, 203 (4th Cir. 2002).

convicted

of

[qualifying

crimes

Ramtulla v. Ashcroft, 301 F.3d
Once we confirm these two factual

determinations, then, under 8 U.S.C. § 1252(a)(2)(C), (D), we
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can only consider “constitutional claims or questions of law.”
§ 1252(a)(2)(D); see Turkson v. Holder, 667 F.3d 523, 527 (4th
Cir. 2012).
Our review of the record reveals that Hmamouch has
conceded that he is a native and citizen of Morocco and that he
has

been

turpitude.
common

convicted

of

two

or

more

crimes

involving

moral

Because these crimes clearly did not arise out of a

criminal

scheme

and

they

each

carried

a

potential

sentence of more than one year, we find that § 1252(a)(2)(C)
divests us of jurisdiction. *

We therefore grant the Attorney

General’s pending motion to dismiss the petition for review in
No. 13-2108 and dismiss both petitions 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.

PETITIONS DISMISSED

*

Hmamouch does not raise any colorable constitutional
issues or questions of law that would fall within the exception
set forth in § 1252(a)(2)(D).
Although his challenge to the
agency’s determination that his conviction for unlawful wounding
constituted a crime of violence would typically be a question of
law over which we would retain jurisdiction pursuant to
§ 1252(a)(2)(D), we lack jurisdiction on the ground that
Hmamouch failed to exhaust his administrative remedies before
the Board. See 8 U.S.C. § 1252(d)(1) (2012); Massis v. Mukasey,
549 F.3d 631, 638-40 (4th Cir. 2008).

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