NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ____________________ No. 18-1168 ____________________ BEATRICE MUSU MCCARTHY, Petitioner v. ATTORNEY GENERAL UNITED STATES OF AMERICA, Respondent ____________________ On Petition for Review of a Decision of the Board of Immigration Appeals (Agency No. A091-434-051) Immigration Judge: Honorable John P. Ellington ____________________ Submitted Under Third Circuit L.A.R. 34.1(a) September 28, 2018 ____________________ Before: AMBRO, CHAGARES, and GREENAWAY, JR., Circuit Judges (Opinion Filed: October 3, 2018) ____________________ OPINION * ____________________ * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. GREENAWAY, JR., Circuit Judge. Beatrice McCarthy is removable pursuant to 8 U.S.C. § 1227(a)(2)(A)(i)–(iii), as an alien convicted of multiple crimes involving moral turpitude, as well as an aggravated felony. She petitions for review of a final order of the Board of Immigration Appeals (“BIA”) denying her applications for withholding of removal and protection under the Convention Against Torture (“CAT”). For the reasons that follow, we will dismiss McCarthy’s petition for lack of jurisdiction. I. Facts & Procedural Background McCarthy, a native and citizen of Liberia, was admitted to the United States as a legal permanent resident in July 1990. On November 13, 1992, she was convicted of credit card theft and credit card forgery, in violation of Va. Code Ann. §§ 18.2-192 and 18.2-193, respectively. For these offenses, McCarthy was sentenced to two years’ imprisonment. Subsequently, she was placed in removal proceedings in late 1993, but an Immigration Judge (“IJ”) terminated proceedings after McCarthy applied for asylum. In September 2016, McCarthy was convicted of conspiracy to commit health care fraud, in violation of 18 U.S.C. § 1349. Following the conviction, removal proceedings were commenced through the filing of a Notice to Appear (“NTA”). The NTA charged McCarthy as removable on three bases: (1) 8 U.S.C. § 1227(a)(2)(A)(i), as an alien who was convicted of a crime involving moral turpitude; (2) 8 U.S.C. § 1227(a)(2)(A)(ii), as an admitted alien who was convicted of two or more crimes involving moral turpitude 2 that do not stem from a single criminal scheme; and (3) 8 U.S.C. § 1227(a)(2)(A)(iii), as an admitted alien convicted of an aggravated felony. McCarthy appeared before an IJ and, through counsel, admitted the factual allegations in the NTA and conceded removability on all charges. Accordingly, she pursued relief under withholding of removal and the CAT. At the individual hearing, McCarthy testified to her fear of returning to Liberia. Specifically, she indicated that she was raped by an adult neighbor when she was twelve years old, and that no investigation was conducted or arrests made. In addition, she indicated that, because she is member of the Vai tribe, who live primarily in northern Liberia near the Sierra Leone border, female genital mutilation (“FGM”) is common practice among her peers. McCarthy testified that she was subjected to FGM by her parents when she was fourteen or fifteen years old. Before the procedure occurred, however, McCarthy ran away with her aunt to ...
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