NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 18a0533n.06 Case No. 18-3212 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED Oct 25, 2018 EMAD ADDIN MOHAMMAD SALEH, ) DEBORAH S. HUNT, Clerk ) Petitioner, ) ) ON PETITION FOR REVIEW v. ) FROM A FINAL ORDER OF THE ) BOARD OF IMMIGRATION JEFFERSON B. SESSIONS, III, Attorney ) APPEALS General, ) ) Respondent. ) ) Before: SILER and KETHLEDGE, Circuit Judges; OLIVER, District Judge.1 SILER, Circuit Judge. After Emad Saleh, a Jordanian citizen, committed a violent assault and robbery in Ohio, he was ordered removed from the United States. But he claims that if he returned to Jordan he would face torture or death. So he applied for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). An immigration judge (“IJ”) rejected his request, and the Board of Immigration Appeals (“BIA”) affirmed. Saleh now petitions this court for review, arguing that the IJ erred (1) in finding his convictions particularly serious; (2) in concluding he would not face torture in Jordan; and (3) by prohibiting him from presenting his case. But because Saleh was convicted of an aggravated felony, our review is limited to 1 Honorable Solomon Oliver, United States District Judge for the Northern District of Ohio, sitting by designation. Case No. 18-3212, Saleh v. Sessions constitutional issues and questions of law. And because Saleh presents no constitutional or legal error infecting his case, we deny in part and dismiss in part his petition. Facts and Procedural History Saleh and others beat a man in Montgomery County, Ohio, breaking the victim’s leg in five places and dislocating his ankle. Saleh pleaded no contest in March 2014 to counts of felonious assault in violation of Ohio Revised Code § 2903.11(A)(1) and aggravated robbery in violation of Ohio Revised Code. § 2911.01(A)(3). The state court merged the counts and sentenced Saleh to four years’ imprisonment. A month later, the Department of Homeland Security (“DHS”) served Saleh, who had been living in the United States as a lawful permanent resident since 2009, with a Notice to Appear, charging him with removability under the Immigration and Nationality Act (“INA”). The department claimed that Saleh’s Ohio convictions made him removable because they constituted (1) a crime of violence with a term of imprisonment of at least one year under 8 U.S.C. § 1101(a)(43)(F), and (2) a theft offense with a term of imprisonment of at least one year under 8 U.S.C. § 1101(a)(43)(G). Either would amount to an “aggravated felony” under the INA, making Saleh removable under 8 U.S.C. § 1227(a)(2)(A)(iii). The case proceeded to a hearing before an IJ in 2015. Saleh, representing himself, told the IJ he feared returning to Jordan because he had tattoos. That same day, the IJ issued an interim order finding that Saleh’s robbery conviction was an aggravated felony under 8 U.S.C. § 1101(a)(43)(F), making him removable under the INA. The IJ also determined Saleh was not removable based on his aggravated theft conviction. ...
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Source: All recent Immigration Decisions In All the U.S. Courts of Appeals