Bandele Adekunle Adeniye v. U.S. Attorney General

Case: 16-15371 Date Filed: 12/12/2017 Page: 1 of 13 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 16-15371 Non-Argument Calendar ________________________ Agency No. A070-853-985 BANDELE ADEKUNLE ADENIYE, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ________________________ Petition for Review of a Decision of the Board of Immigration Appeals ________________________ (December 12, 2017) Before HULL, MARTIN and ANDERSON, Circuit Judges. PER CURIAM: Bandele Adeniye, a native and citizen of Nigeria, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen his Case: 16-15371 Date Filed: 12/12/2017 Page: 2 of 13 removal proceedings, Immigration and Nationality Act (“INA”) § 240(c)(7), 8 U.S.C. § 1229a(c)(7), 8 C.F.R. § 1003.2(c). After review, we deny the petition. I. BACKGROUND A. Admission to the United States and Convictions in 1995 and 2014 In 1989, Adeniye was admitted to the United States on a visitor’s visa, and in 1993 his status was adjusted to lawful permanent resident (“LPR”). On June 30, 1995, Adeniye was convicted of possession of stolen mailbox keys, in violation of 18 U.S.C. § 1704. Adeniye received a 24-month sentence, but absconded before being taken into custody. On March 13, 1996, the former Immigration and Naturalization Service (“INS”) issued a show cause order alleging that Adeniye’s LPR status was rescinded on that date and that as a result Adeniye was deportable. 1 The INS later filed a motion to terminate the rescission proceedings, which was granted by an Immigration Judge (“IJ”) on August 11, 1998. Adeniye was later apprehended and, in December 2014, he was convicted of escape, in violation of 18 U.S.C. § 751(a), and of failing to surrender for service of sentence, in violation of 18 U.S.C. § 3146(a)(2) and (b)(1)(A)(ii). Adeniye was sentenced to 13 months’ imprisonment for these new offenses. 1 Rescission proceedings are proceedings during which the government (now the Department of Homeland Security) seeks to rescind the status of a lawful permanent resident. See INA § 246(a), 8 U.S.C. § 1256(a). 2 Case: 16-15371 Date Filed: 12/12/2017 Page: 3 of 13 B. Removal Proceedings and § 212(c) Waiver Application In 2015, the Department of Homeland Security (“DHS”) began removal proceedings against Adeniye by issuing a notice to appear (“NTA”). In an amended NTA, the DHS charged Adeniye as removable under INA § 237(a)(2)(A)(iii), 8 U.S.C. § 1227(a)(2)(A)(iii), for having been convicted of an “aggravated felony” as defined un INA § 101(a)(43)(Q), 8 U.S.C. § 1101(a)(43)(Q), that is, an offense relating to a failure to surrender for service of sentence where the underlying offense “is punishable by imprisonment for a term of 5 years or more.” At the first master calendar hearing on August 4, 2015, Adeniye elected to proceed pro se and admitted his convictions in 1995 and 2014, but argued that his 2014 failure-to-surrender conviction was not an “aggravated felony.” Adeniye also advised the IJ that he had been in earlier immigration proceedings that were terminated in 1998. At subsequent hearings, Adeniye pointed out that ...

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