Ottey v. Barr


18-834 (L) Ottey v. Barr UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT ------ August Term, 2019 (Argued: April 1, 2020 Decided: July 7, 2020) Docket Nos. 18-834(L), 19-737(CON) _________________________________________________________ DWAYNE ANTHONY OTTEY, aka Dwayne Ottey, Petitioner, - v. - WILLIAM P. BARR, United States Attorney General, Respondent. _________________________________________________________ Before: KEARSE, WALKER, and CABRANES, Circuit Judges. Petitions by Jamaican citizen for review of orders of the Board of Immigration Appeals (1) dismissing his appeal from an Immigration Judge's decision that he is a noncitizen who is removable both by reason of being "present in the United States without being admitted or paroled," 8 U.S.C. ' 1182(a)(6)(A)(i), and by reason of having been convicted of "a crime involving moral turpitude," id. ' 1182(a)(2)(A)(i)(I), to wit, criminal possession of stolen property in the third degree in violation of New York Penal Law ' 165.50; and (2) denying his motion to reopen the proceedings. Petitioner contends principally (1) that the Immigration Judge's evidentiary rulings denied him a proper opportunity to prove his procedurally regular admission to the United States, and that the Board misapplied the standard for establishing procedurally regular admission; and (2) that the Board should have granted his motion to reopen on the ground that, in light of intervening case law in Obeya v. Sessions, 884 F.3d 442 (2d Cir. 2018), and Mellouli v. Lynch, 575 U.S. 798 (2015), criminal possession of stolen property was not a crime involving moral turpitude at the time of his conviction. We conclude that we lack jurisdiction to review the discretionary and factual determinations leading to the removal order, and that petitioner's remaining contentions are without merit. Petition in No. 18-834 dismissed in part and denied in part; petition in No. 19-737 denied. AMER S. AHMED, New York, New York, (Richard W. Mark, Timothy Sun, Gibson Dunn & Crutcher, New York, New York; Sophie Dalsimer, Andrea Saenz, 2 Brooklyn Defender Services, Brooklyn, New York, on the brief), for Petitioner. DAVID WETMORE, Associate Deputy Attorney General, Washington, D.C. (Joseph H. Hunt, Assistant Attorney General, Greg D. Mack, Leslie McKay, Senior Litigation Counsel, Office of Immigration Litigation, United States Department of Justice, Civil Division, Washington, D.C., on the brief), for Respondent. KEARSE, Circuit Judge: Petitioner Dwayne Anthony Ottey ("Ottey"), a citizen of Jamaica, seeks review of two orders of the Board of Immigration Appeals ("BIA" or "Board"). In No. 18-834, he challenges an order dismissing his appeal from the decision of an Immigration Judge ("IJ") that he is a noncitizen who is removable both by reason of being "present in the United States without being admitted or paroled," 8 U.S.C. ' 1182(a)(6)(A)(i), and by reason of having been convicted of "a crime involving moral turpitude," id. ' 1182(a)(2)(A)(i)(I), to wit, criminal possession of stolen property in the third degree in violation of New York Penal Law ' 165.50. He contends principally that the IJ erroneously ruled that he did not establish that he was "admitted" to the United States within the meaning of 8 U.S.C. ' ...

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