NOT RECOMMENDED FOR PUBLICATION File Name: 20a0032n.06 No. 19-3116 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED ABDULKADIR IBRAHIM Jan 21, 2020 MOHAMED, DEBORAH S. HUNT, Clerk Petitioner, ON PETITION FOR REVIEW FROM v. THE UNITED STATES BOARD OF IMMIGRATION APPEALS WILLIAM P. BARR, Attorney General, Respondent. BEFORE: DAUGHTREY, CLAY, and GRIFFIN, Circuit Judges. CLAY, Circuit Judge. Petitioner Abdulkadir Ibrahim Mohamed asks this Court to review the Board of Immigration Appeals’ denial of his motion to reopen removal proceedings. See 8 U.S.C. § 1229a(c)(7). For the reasons set forth below, we dismiss Mohamed’s petition for lack of jurisdiction. I. BACKGROUND Petitioner Abdulkadir Ibrahim Mohamed is a citizen of Somalia who came to the United States as a refugee in 2000. After moving to the United States, Mohamed applied for lawful permanent resident status and became a green card holder in 2003. But Mohamed also acquired a significant criminal history here, with several charges for crimes like breaking and entering and aggravated criminal trespass. In December 2008, while in jail after a conviction for breaking and entering, Mohamed was issued a notice to appear alleging that he was removable from the United States. There were several mistakes with this notice to appear. For example, the notice incorrectly claimed that -1- No. 19-3116, Mohamed v. Barr Mohamed had not been legally admitted to the United States and cited the immigration law provision for inadmissibility. Mohamed was also served with a “Notice of Intent to Terminate Refugee Status” (A.R. at 388), despite already being a lawful permanent resident. But the upshot was that the government accused Mohamed of committing a “crime involving moral turpitude,” which would cost him his immigration status. (Id.at 392–93); see also 8 U.S.C. § 1182(a)(2)(A)(i) (“[A]ny alien convicted of . . . (I) a crime involving moral turpitude . . . is inadmissible.”); cf. 8 U.S.C. § 1227(a)(2)(A)(i) (“Any alien who (I) is convicted of a crime involving moral turpitude . . . , and (II) is convicted of a crime for which a sentence of one year or longer may be imposed, is deportable.”); id. § 1227(a)(2)(A)(ii) (“Any alien who at any time after admission is convicted of two or more crimes involving moral turpitude . . . is deportable.”). Specifically, the notice to appear said Mohamed was convicted of two counts of breaking and entering and one count of escape, all under Ohio law, and that these crimes each involved moral turpitude. See Ohio Rev. Code Ann. § 2911.13 (breaking and entering); id. § 2921.34 (escape). A hearing was never held on Mohamed’s notice to appear. Instead, in February 2009, Mohamed signed a “stipulated request for removal order and waiver of hearing,” essentially an unconditional guilty plea in the immigration law context. (A.R. at 383–87.) In the stipulation, Mohamed waived the right to counsel, admitted that “all of the factual allegations contained in the [notice to appear] are true and correct as written,” and conceded that he “should be removed from the United States based ...
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals