Case: 18-14696 Date Filed: 11/05/2019 Page: 1 of 7 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 18-14696 Non-Argument Calendar ________________________ Agency No. A034-607-062 CURT MARTIN JUNIOR ROBLEY, Petitioner, versus UNITED STATES ATTORNEY GENERAL, Respondent. ________________________ Petition for Review of a Decision of the Board of Immigration Appeals ________________________ (November 5, 2019) Before ED CARNES, Chief Judge, JILL PRYOR, and ANDERSON, Circuit Judges. PER CURIAM: Case: 18-14696 Date Filed: 11/05/2019 Page: 2 of 7 The Department of Homeland Security sought to remove Curt Martin Junior Robley from the United States based on his criminal record. An immigration judge dismissed Robley’s application for cancelation of removal under 8 U.S.C. § 1229b(a), and the Board of Immigration Appeals dismissed his appeal.1 Robley now petitions for review of the Board’s decision, contending that the Board should not have admitted and relied on a state appellate court decision as evidence that he had been convicted of an aggravated felony. I. Robley is a native and citizen of Trinidad and Tobago. He became a lawful permanent resident of the United States in 1974. 2 In 2016, after Robley returned from a trip overseas, Homeland Security charged that he was inadmissible to the United States because he had been convicted of cocaine possession in 1997 and of armed robbery, attempted murder, and aggravated assault in 1988. Homeland Security began proceedings to remove him from the country. Robley applied for cancellation of removal under § 1229b(a). Homeland Security moved to dismiss his application, arguing that his 1988 convictions are 1 The immigration judge, Homeland Security, and the Board all used the word “pretermit” to refer to what the immigration judge did to Robley’s petition. The parties use it in their appellate briefs, too. Because we prefer plain English, we will use the word “dismiss” instead. 2 An alien who is a lawful permanent resident has “the status of having been lawfully accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws.” 8 U.S.C. § 1101(a)(20). 2 Case: 18-14696 Date Filed: 11/05/2019 Page: 3 of 7 aggravated felonies that make him ineligible for that relief. But the court documents from Robley’s 1988 case are inconsistent — the crimes alleged in the indictment are different from the ones to which he pleaded guilty. To clear up that confusion, Homeland Security submitted a New Jersey appellate court decision affirming the sentence imposed in Robley’s 1988 case. The decision states that Robley was indicted for robbery, under N.J. Stat. § 2C:15-1; attempted murder, under N.J. Stat. § 2C:11-3; and aggravated assault, under N.J. Stat. § 2C:12- 1(b)(1); and that he pleaded guilty to those same counts of armed robbery, attempted murder, and aggravated assault. The immigration judge, relying in part on that appellate decision, found that Robley had in fact been convicted of an aggravated felony. He dismissed Robley’s application. Robley appealed to the Board. He contended that the state appellate court decision was ...
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Source: All recent Immigration Decisions In All the U.S. Courts of Appeals