Awawda v. Barr


19-367-ag Awawda v. Barr BIA Conroy, IJ, Tsankov, IJ A46 439 145 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 A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL. At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 15th day of May, two thousand twenty. PRESENT: JOHN M. WALKER, JR., DENNY CHIN, STEVEN J. MENASHI, Circuit Judges. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x RIBHI A. AWAWDA, AKA RIBHI AWAWDEH, AKA REBHI AWAWDA, AKA RIBHI ABED AWAWDA, AKA RIHHI EL ABED AWAWDEH, Petitioner, -v- 19-367-ag WILLIAM P. BARR, UNITED STATES ATTORNEY GENERAL, Respondent. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x FOR PETITIONER: Amy Nussbaum Gell, Gell & Gell, New York, New York. FOR RESPONDENT: Christin M. Whitacre, Trial Attorney (Holly M. Smith, Senior Litigation Counsel, on the brief), for Joseph H. Hunt, Assistant Attorney General, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, DC. UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals ("BIA") decision, it is hereby ORDERED, ADJUDGED, AND DECREED that the petition for review is DENIED. Petitioner Ribhi A. Awawda seeks review of a January 18, 2019 decision of the BIA affirming a July 26, 2018 decision of an Immigration Judge ("IJ") denying his motion to terminate removal proceedings and a September 7, 2018 decision of a different IJ ordering his removal. In re Ribhi A. Awawda, No. A046 439 145 (B.I.A. Jan. 18, 2019), aff'g No. A046 439 145 (Immig. Ct. N.Y. City July 26, 2018 & Sept. 7, 2018). We assume the parties' familiarity with the underlying facts and procedural history in this case. Awawda is a non-native, non-citizen who was accorded lawful permanent resident ("LPR") status in the United States in 1999. He was subsequently convicted twice, both times following a guilty plea, of tax evasion in violation of N.Y. Tax Law ยง 1814(a). On April 26, 2018, the Department of Homeland Security ("DHS") served Awawda with a Notice to Appear, charging him ...

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