Adebola v. Sessions

17-122-ag Adebola v. Sessions BIA Montante, IJ A076 189 462 UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT=S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING TO A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL. 1 At a stated term of the United States Court of Appeals for the Second Circuit, held at the 2 Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 3 15th day of February, two thousand eighteen. 4 5 PRESENT: 6 RALPH K. WINTER, 7 DEBRA ANN LIVINGSTON, 8 DENNY CHIN, 9 Circuit Judges. 10 _____________________________________ 11 12 ABIDEEN ADEBOLA, AKA JAMES PARKER, 13 Petitioner, 14 15 v. 17-122-ag 16 17 JEFFERSON B. SESSIONS III, 18 UNITED STATES ATTORNEY GENERAL, 19 Respondent. 20 _____________________________________ 21 22 For Petitioner: Ronald D. Richey, Law Office of Ronald D. Richey, 23 Rockville, Maryland. 24 25 For Respondent: Rebekah Nahas, Jane Tracey Schaffner, for Briena L. 26 Strippoli, Office of Immigration Litigation, Chad A. 27 Readler, Civil Division; United States Department of 28 Justice, Washington, District of Columbia. 29 30 1 Petition for review of a December 16, 2016 Board of Immigration Appeals (“BIA”) 2 decision dismissing Petitioner’s appeal of an October 26, 2015 decision of an Immigration Judge 3 (“IJ”) ordering Petitioner’s removal and denying adjustment of status. 4 UPON DUE CONSIDERATION of this petition for review of a BIA decision, it is hereby 5 ORDERED, ADJUDGED, AND DECREED that the petition for review is DISMISSED. 6 Petitioner Abideen Adebola, a native and citizen of Nigeria, seeks review of a December 7 16, 2016 decision of the BIA dismissing Adebola’s appeal of an October 26, 2015 decision of an 8 IJ ordering Adebola’s removal and denying adjustment of status. In re Abideen Adebola, No. A 9 076 189 462 (B.I.A. Dec. 16, 2016), aff’g No. A 076 189 462 (Immig. Ct. Buffalo Oct. 26, 2015). 10 We assume the parties’ familiarity with the underlying facts, the procedural history of the case, 11 and the issues on appeal. 12 Our jurisdiction to review Adebola’s removal order is limited to “constitutional claims or 13 questions of law.” 8 U.S.C. § 1252(a)(2)(B), (C), (D). To invoke our jurisdiction, such claims 14 must be “colorable.” Barco-Sandoval v. Gonzales, 516 F.3d 35, 40 (2d Cir. 2008) (“[W]e lack 15 jurisdiction to review any legal argument that is so insubstantial and frivolous as to be inadequate 16 to invoke federal-question jurisdiction.”). To determine whether a petitioner raises constitutional 17 challenges or questions of law over which we have jurisdiction, we must “study the ...

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