Khalid Naim Akrawi v. Merrick B. Garland


NOT RECOMMENDED FOR PUBLICATION File Name: 23a0107n.06 Case No. 21-4071 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED Mar 01, 2023 ) KHALID NAIM AKRAWI, DEBORAH S. HUNT, Clerk ) Petitioner, ) ) ON PETITION FOR REVIEW v. ) FROM THE UNITED STATES ) BOARD OF IMMIGRATION MERRICK B. GARLAND, Attorney General, ) APPEALS Respondent. ) ) OPINION Before: SUHRHEINRICH, COLE, and MURPHY, Circuit Judges. MURPHY, Circuit Judge. Khalid Naim Akrawi, a Chaldean Christian from Iraq, became a lawful permanent resident of the United States in 1973. After he spent over three years in prison for manslaughter, an immigration judge ordered him removed to Iraq. When the government sought to carry out his removal 17 years later, Akrawi reopened his immigration proceedings. Akrawi now raises four issues: Is his manslaughter conviction an “aggravated felony” that makes him deportable under 8 U.S.C. § 1227(a)(2)(A)(iii)? Is this offense a “particularly serious crime” that disqualifies him from withholding-of-removal relief under 8 U.S.C. § 1231(b)(3)(B)(ii)? Did the immigration judge wrongly credit the government’s experts when denying him relief under the Convention Against Torture? And should the Board of Immigration Appeals have remanded his case so that the immigration judge could consider new evidence? But we lack jurisdiction to consider the first two questions (either because Akrawi failed to exhaust them or because he No. 21-4071, Akrawi v. Garland disputes factual findings). And, as we have held for many other Chaldean Christians who have sought to prevent their removal to Iraq (including Akrawi’s uncle), our deferential standard of review dooms his remaining claims. See Akrawi v. Garland, 2022 WL 3681260, at *4–8 (6th Cir. Aug. 25, 2022). We thus dismiss Akrawi’s petition in part and deny it in part. I Akrawi was born in Iraq in 1961. Admin. R. (A.R.) 1835. He spent his early childhood growing up in that country with his Chaldean Christian family. A.R. 848. According to Akrawi, his uncle tried to assassinate Saddam Hussein at some point and fled the country. A.R. 855. When looking for Akrawi’s uncle, the Iraqi police arrested his father and tortured some of his other relatives. A.R. 855–56, 886–87. His family chose to leave Iraq in 1968 when he was seven years old. A.R. 846. After stops in Kuwait and Lebanon, Akrawi and his family made their way to the United States. A.R. 706, 796–97, 846–47. He became a lawful permanent resident in 1973. A.R. 706, 3348. Five years later, he settled in Detroit, Michigan. A.R. 706. Since adulthood, Akrawi has committed several crimes. A.R. 1842. As relevant here, he pleaded guilty in 1983 to attempting to possess another person’s credit card without that person’s consent. A.R. 706–07, 3328–35. He served six months in jail for this offense. A.R. 3328. A decade later, Akrawi participated in a crime that left an innocent bystander dead. A.R. 833, 877. He testified about this crime at an immigration hearing. The uncle who had attempted to assassinate Saddam Hussein had become the “godfather” of Detroit’s “Chaldean mafia.” A.R. …

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