Ayo Omoaregba Oyakhire v. U.S. Attorney General

Case: 16-16266 Date Filed: 03/23/2018 Page: 1 of 6 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 16-16266 Non-Argument Calendar ________________________ Agency No. A087-458-478 AYO OMOAREGBA OYAKHIRE, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ________________________ Petition for Review of a Decision of the Board of Immigration Appeals ________________________ (March 23, 2018) Before JORDAN, JULIE CARNES, and HULL, Circuit Judges. PER CURIAM: Ayo Omoaregba Oyakhire, proceeding pro se, petitions this Court for review of the decision of the Board of Immigration Appeals rejecting his appeal from an Immigration Judge’s decision denying a motion to reopen and reconsider his Case: 16-16266 Date Filed: 03/23/2018 Page: 2 of 6 removal proceedings. We dismiss Mr. Oyakhire’s petition in part and deny it in part. I Mr. Oyakhire is a native and citizen of the Federal Republic of Nigeria. He entered the United States in November of 1997 on an H1-B visa with temporary authorization to remain in the country, but overstayed his visa. On January 31, 2008, he was convicted of two counts of family violence battery, Ga. Code Ann. § 16-5-23.1(f), three counts of simple battery, Ga. Code Ann. § 16-5-23, and one count of disorderly conduct, Ga. Code Ann. § 16-11-39(a)(1). On January 29, 2009, the Department of Homeland Security (“DHS”) commenced removal proceedings by serving Mr. Oyakhire with a Notice to Appear (“NTA”). Later that year, the DHS terminated those proceedings sua sponte. In 2012, the DHS issued another NTA charging Mr. Oyakhire with removability on the grounds that he had remained in the United States for a time longer than permitted, 8 U.S.C. § 1227(a)(1)(B), that he was an alien who had been convicted of a crime of domestic violence after admission to the country, § 1227(a)(2)(E)(i), and that he was an alien who had been convicted of two crimes involving moral turpitude not arising out of a single scheme, § 1227(a)(2)(A)(ii). 2 Case: 16-16266 Date Filed: 03/23/2018 Page: 3 of 6 At a hearing on June 19, 2012, Mr. Oyakhire asked the Immigration Judge (“IJ”) for cancellation of removal. He admitted that he had overstayed his visa and had been convicted of a domestic violence crime, but argued that, for certain reasons, removal was not warranted. The IJ denied Mr. Oyakhire’s application for cancellation of removal. On July 5, 2012, Mr. Oyakhire filed a “Motion and Brief to Reopen and Reconsider.” The Immigration Court rejected the motion for failure to include proof of payment of the filing fee. On September 18, 2012, the Immigration Court accepted Mr. Oyakhire’s resubmission of the motion, presumably with the requisite fee paid. The IJ denied the motion, stating that Mr. Oyakhire failed to identify factual or legal errors in the prior decision that would warrant reconsideration. After several years, in February of 2016, Mr. Oyakhire—proceeding pro se—submitted a new filing, again styled as a motion to reconsider or reopen. The IJ summarily denied the motion as “both number barred and time barred,” and also addressed the ...

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