Case: 21-60670 Document: 00516373540 Page: 1 Date Filed: 06/28/2022 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED June 28, 2022 No. 21-60670 Lyle W. Cayce Clerk Herly Pierre Ulysse, Petitioner, versus Merrick Garland, U.S. Attorney General, Respondent. Petition for Review of an Order of the Board of Immigration Appeals Agency No. A300-317-730 Before Higginbotham, Haynes, and Wilson, Circuit Judges. Per Curiam:* Herly Pierre Ulysse, a native and citizen of Canada, petitions for review of a Board of Immigration Appeals’s (BIA) decision reversing an immigration judge’s (IJ) grant of his application for cancellation of removal under § 240(a) of the Immigration and Nationality Act, 8 U.S.C. § 1229b(a). Ulysse contends that (1) the Government failed to prove by clear and * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 21-60670 Document: 00516373540 Page: 2 Date Filed: 06/28/2022 No. 21-60670 convincing evidence that Ulysse was removable pursuant to 8 C.F.R. § 1003.1(d)(3), and (2) the BIA erroneously reviewed the IJ’s factual findings de novo and improperly engaged in its own factfinding. Because Ulysse’s arguments are unexhausted, we lack jurisdiction to address their merits. Accordingly, we dismiss the petition. I. Ulysse was admitted to the United States on June 19, 2007, under our country’s visa waiver program. On January 14, 2011, Ulysse adjusted his status to lawful permanent resident under § 245 of the Immigration and Nationality Act. Between 2016 and 2020, Ulysse amassed an extensive criminal record that includes two convictions of possessing less than 20 grams of cannabis in violation of Fla. Stat. § 893.13(6)(b); two convictions of using or possessing drug paraphernalia in violation of Fla. Stat. § 893.147(1); one conviction of tampering or fabricating physical evidence in violation of Fla. Stat. § 918.13; one conviction of battery in violation of Fla. Stat. § 784.03; and one conviction of possessing device- making equipment with intent to defraud in violation of 18 U.S.C. § 1029(a)(4). 1 While Ulysse was in prison in Louisiana for his § 1029(a)(4) conviction, the Department of Homeland Security served him with a Notice to Appear (NTA) in immigration court. The NTA charged Ulysse as removable under 8 U.S.C. § 1227(a)(2)(A)(ii), as an alien who was convicted of two crimes involving moral turpitude; § 1227(a)(2)(B)(i), as an alien who 1 The statute defines “device-making equipment” as “any equipment, mechanism, or impression designed or primarily used for making an access device or a counterfeit access device.” 18 U.S.C. § 1029(e)(6). The factual basis for Ulysse’s guilty plea states that police officers found nine counterfeit credit cards and a credit card skimmer in Ulysse’s bedroom during a drug raid at his sister’s house, where Ulysse was residing at the time. 2 Case: 21-60670 Document: 00516373540 Page: 3 Date Filed: 06/28/2022 No. 21-60670 was convicted of a violation of a law relating to a controlled …
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