Case: 20-60749 Document: 00516346784 Page: 1 Date Filed: 06/07/2022 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED June 7, 2022 No. 20-60749 Lyle W. Cayce Clerk Francis Osei Fosu, also known as Francis Pino Fosu, Petitioner, versus Merrick Garland, U.S. Attorney General, Respondent. Petition for Review of an Order of the Board of Immigration Appeals BIA No. A058 813 650 Before Clement, Graves, and Costa, Circuit Judges. Per Curiam: Francis Osei Fosu is a native and citizen of Ghana who was admitted to the United States in 2007 as a lawful permanent resident. In 2018, Fosu was convicted of conspiracy to commit bank and wire fraud in violation of 18 U.S.C. § 1349. He was sentenced to one year and one day of imprisonment and ordered to pay $229,717.30 in restitution. According to a government press release, Fosu’s co-conspirators were also ordered to pay approximately $229,000 each to account for the nearly $1.4 million that was stolen. Case: 20-60749 Document: 00516346784 Page: 2 Date Filed: 06/07/2022 No. 20-60749 In 2019, the government served Fosu with a notice to appear, charging him with removability pursuant to 8 U.S.C. § 1227(a)(2)(A)(iii) as an alien convicted of an aggravated felony. Specifically, the government invoked 8 U.S.C. § 1101(a)(43)(M) & (U), alleging that Fosu was convicted of “an offense that involves fraud or deceit in which the loss to the victim or victims exceeds $10,000,” and “an attempt or conspiracy to commit an offense described in section 101(a)(43)(M) of the Act.” Fosu applied for withholding of removal and protection under the Convention Against Torture (CAT). At his hearing before the Immigration Judge (IJ), he admitted his conviction and order to pay restitution. He also testified that he filed for post-conviction relief based on a claim of ineffective assistance of counsel. The IJ found him removable in light of his conviction and ordered him removed. He also rejected Fosu’s applications for withholding of removal and protection under CAT. Fosu appealed to the Board of Immigration Appeals (BIA). The BIA found no error in the IJ’s decision and dismissed the appeal. Fosu now petitions for review of the BIA’s final order. I. On petition for review, we review the BIA’s decision, though we will consider the IJ’s decision to the extent it influenced the BIA. Singh v. Sessions, 880 F.3d 220, 224 (5th Cir. 2018). We review factual findings under the substantial evidence test, meaning that we will not overturn said findings unless the evidence compels a contrary conclusion. Chun v. INS, 40 F.3d 76, 78 (5th Cir. 1994) (per curiam). We review questions of law de novo. Zhu v. Gonzales, 493 F.3d 588, 594 (5th Cir. 2007). Pursuant to the criminal alien bar, we generally lack jurisdiction to review the BIA’s order of removal against an alien who is removable by reason of having committed an aggravated felony under § 1227(a)(2)(A)(iii). 2 Case: 20-60749 Document: 00516346784 Page: 3 Date Filed: 06/07/2022 No. 20-60749 See 8 U.S.C. …
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