Berhane v. Barr


16-4214 Berhane v. Barr BIA Connelly, IJ A079 724 145 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 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 2 for the Second Circuit, held at the Thurgood Marshall 3 United States Courthouse, 40 Foley Square, in the City of 4 New York, on the 20th day of July, two thousand twenty. 5 6 PRESENT: 7 REENA RAGGI, 8 PETER W. HALL, 9 DENNY CHIN, 10 Circuit Judges. 11 _____________________________________ 12 13 EZRA BERHANE, 14 Petitioner, 15 16 v. 16-4214 17 NAC 18 WILLIAM P. BARR, UNITED STATES 19 ATTORNEY GENERAL, 20 Respondent. 21 _____________________________________ 22 23 FOR PETITIONER: Gregory Osakwe, Esq., Hartford, 24 CT. 25 26 FOR RESPONDENT: Joseph H. Hunt, Assistant Attorney 27 General, Civil Division; Douglas 28 E. Ginsburg, Assistant Director, 29 Office of Immigration Litigation; 30 Karen L, Melnik, Trial Attorney, 31 Office of Immigration Litigation, 32 United States Department of 1 Justice, Washington, DC. 2 UPON DUE CONSIDERATION of this petition for review of a 3 Board of Immigration Appeals (“BIA”) decision, it is hereby 4 ORDERED, ADJUDGED, AND DECREED that the petition for review 5 is DENIED. 6 Petitioner Ezra Berhane, a native and citizen of 7 Ethiopia, seeks review of a November 22, 2016, decision of 8 the BIA affirming a December 8, 2015, decision of an 9 Immigration Judge (“IJ”) finding Berhane removable for an 10 aggravated felony and denying cancellation of removal, 11 asylum, withholding of removal, and relief under the 12 Convention Against Torture (“CAT”) as to Ethiopia. 1 In re 13 Ezra Berhane, No. A 079 724 145 (B.I.A. Nov. 22, 2016), aff’g 14 No. A 079 724 145 (Immig. Ct. Batavia Dec. 8, 2015). We assume 15 the parties’ familiarity with the underlying facts and 16 procedural history in this case. 17 Our jurisdiction to review Berhane’s final order of 18 removal is limited to “constitutional claims or questions of 19 law.” 8 U.S.C. § 1252(a)(2)(D). We review de novo Berhane’s 20 challenge to the agency’s aggravated felony determination. 21 Pascual v. Holder, 707 F.3d 403, 404 (2d Cir. 2013) (per 22 curiam), adhered to on reh’g, 723 F.3d 156 (2d Cir. 2013) 1 The agency’s grant of CAT relief as to Eritrea remains in place. 2 1 (per curiam). We find no error in the agency’s conclusion 2 that Berhane’s conviction is an aggravated felony that bars 3 him from cancellation of removal and asylum. ...

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