Shqipron Kolgeci v. Loretta Lynch

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: A200-233-363. Copies to all parties and the agency.[1000029132]. [16-1748]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-1748

SHQIPRON KOLGECI,
Petitioner,
v.
JEFFERSON B. SESSIONS, III, Attorney General,
Respondent.

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

Submitted:

February 17, 2017

Decided:

February 23, 2017

Before KING, THACKER, and HARRIS, Circuit Judges.

Petition dismissed in part and denied in part by unpublished per
curiam opinion.

Gregory Marotta, Vernon, New Jersey, for Petitioner.
Benjamin
C. Mizer, Principal Deputy Assistant Attorney General, Emily
Anne Radford, Assistant Director, Holly M. Smith, Senior
Litigation Counsel, 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Unpublished opinions are not binding precedent in this circuit.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:
Shqipron Kolgeci, a native of Yugoslavia and a citizen of
Kosovo,

petitions

Immigration

for

Appeals

review

(Board)

of

an

order

dismissing

of

his

the

Board

appeal

from

of
the

immigration judge’s decision denying his requests for asylum,
withholding
Against

of

removal,

Torture.

We

and

protection

dismiss

in

part

under
and

the

deny

Convention

in

part

the

petition for review.
Kolgeci

first

challenges

the

agency’s

determination

that

his asylum application is time-barred and that no exceptions
applied

to

excuse

the

untimeliness.

See

8

U.S.C.

§ 1158(a)(2)(B) (2012); 8 C.F.R. § 1208.4(a)(2) (2016).

We lack

jurisdiction to review this determination pursuant to 8 U.S.C.
§ 1158(a)(3) (2012), and find that Kolgeci has not raised any
claims that would fall under the exception set forth in 8 U.S.C.
§ 1252(a)(2)(D) (2012).
59 (4th Cir. 2009).

See Gomis v. Holder, 571 F.3d 353, 358-

Accordingly, we dismiss the petition for

review with respect to Kolgeci’s asylum claim.
Kolgeci next disputes the agency’s finding that he failed
to establish past persecution.

We have thoroughly reviewed the

record, including the transcript of Kolgeci’s merits hearing,
his

asylum

conclude

application,

that

the

record

and

all

evidence

supporting
does

not

evidence.
compel

a

We
ruling

contrary to any of the administrative findings of fact, see 8
2

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U.S.C.

§

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1252(b)(4)(B)

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(2012),

supports the Board’s decision.
U.S.

478,

481

(1992).

and

that

substantial

evidence

See INS v. Elias-Zacarias, 502

Therefore,

we

deny

the

petition

review in part for the reasons stated by the Board.

for

See In re

Kolgeci (B.I.A. June 9, 2016).
Accordingly,

we

petition for review.
facts

and

materials

legal
before

dismiss

in

part

and

deny

in

part

the

We dispense with oral argument because the

contentions

are

adequately

this

and

argument

court

presented

would

not

in

the

aid

the

decisional process.
PETITION DISMISSED IN PART
AND DENIED IN PART

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