Mian Shahid v. Attorney General United States


ALD-159 NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 18-3020 ___________ MIAN SHAHID, Petitioner v. ATTORNEY GENERAL UNITED STATES OF AMERICA, Respondent ____________________________________ On Petition for Review of an Order of the Board of Immigration Appeals (Agency No. A090 669 564) Immigration Judge: Honorable Kuyomars Golparvar ____________________________________ Submitted on Motion to Dismiss for Lack of Jurisdiction or, Alternatively, to Summarily Deny the Petition for Review April 11, 2019 Before: MCKEE, SHWARTZ and BIBAS, Circuit Judges (Opinion filed: June 18, 2019) ___________ OPINION* ___________ PER CURIAM * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. Mian Shahid petitions for review of a decision of the Board of Immigration Appeals (“BIA”) dismissing his appeal of a decision of an Immigration Judge (“IJ”) denying his applications for relief from removal. For the reasons that follow, we grant the Government’s motion to summarily deny the petition for review. Shahid is a native and citizen of Pakistan. He entered the United States in 1985 and adjusted his status to a lawful permanent resident in 1990. Shahid was convicted of a firearms offense in 1994 and of unlawfully transferring a Social Security card in 2004. Removal proceedings were brought in 2006 based on the firearms offense and Shahid was released on bond. In 2009, he was convicted of wire fraud, identity fraud, and other crimes and sentenced to nine years in prison. Shahid’s immigration proceedings were administratively closed as a result. In 2014, the Government filed additional removal charges based on Shahid’s other convictions. It charged that he had committed an aggravated felony and two crimes involving moral turpitude. The case was ultimately re- calendared and an IJ sustained the removal charges. Shahid sought relief from removal and applied for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). He also sought a waiver of inadmissibility pursuant to 8 U.S.C. § 1182(h) in connection with an application to readjust his status. The IJ found Shahid ineligible for asylum and withholding of removal, found him not credible, and denied his remaining claims for relief based on the adverse credibility finding. The IJ also denied a waiver and deferral of removal under the CAT even assuming he was credible. 2 On appeal, the BIA affirmed the adverse credibility determination. The BIA found that the record supported the inconsistencies cited by the IJ regarding incidents in Pakistan upon which his claim was based.1 The BIA also agreed with the IJ that Shahid’s testimony about his criminal history conflicted with the documentary evidence. In addition, the BIA affirmed the denial of a waiver and the IJ’s decision that Shahid did not meet his burden of proof for deferral of removal under the CAT. Shahid filed a petition for review. The Government moves to dismiss the petition for lack of jurisdiction or, alternatively, to summarily deny it. We have jurisdiction to review a final order of removal pursuant to 8 U.S.C. ...

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