Case: 19-10031 Date Filed: 11/22/2019 Page: 1 of 12 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 19-10031 Non-Argument Calendar ________________________ Agency No. A077-857-125 EMMANUEL JOSEPH, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ________________________ Petition for Review of a Decision of the Board of Immigration Appeals ________________________ (November 22, 2019) Before WILSON, ROSENBAUM, and ANDERSON, Circuit Judges. PER CURIAM: Emmanuel Joseph, a Bahamian national and Haitian citizen, petitions for review of the Board of Immigration Appeals’s (“BIA”) decision denying his Case: 19-10031 Date Filed: 11/22/2019 Page: 2 of 12 application for cancellation of removal by a lawful permanent resident, 8 U.S.C. § 1229b(b), and denying his motion to remand to the Immigration Judge for consideration of new evidence. After careful review, we deny the petition in part and dismiss it in part. I. Joseph is a native of the Bahamas and a citizen of Haiti who entered the United States as a visitor in 1999 and was adjusted to lawful permanent resident status in 2001. More than ten years later, he was charged as removable based on prior convictions for burglary and a crime of child abuse. Joseph admitted the two convictions, and an immigration judge (“IJ”) found him removable based on the child-abuse conviction. See 8 U.S.C. § 1227(a)(2)(E)(i). Joseph then applied for cancellation of removal and submitted various supporting documents. The documents related to his criminal history; his family members, community involvement, and employment history; and his efforts at rehabilitation while in prison. Joseph also testified before an IJ at a merits hearing. Regarding his criminal history, the evidence showed that Joseph was convicted of burglary and child abuse, both third-degree felonies in Florida. The two convictions arose out of events that occurred on a single night in 2008, when Joseph was 19 and in high school. That night, Joseph held a gathering at his residence while his parents were away. During the gathering, he had sexual 2 Case: 19-10031 Date Filed: 11/22/2019 Page: 3 of 12 intercourse with a 15-year-old girl who had been drinking alcohol, and who later reported the incident to police. Later that same night, Joseph acted as a lookout while several friends burglarized a Pizza Hut restaurant. Based on this conduct, Joseph was charged with lewd and lascivious battery, a second-degree felony, and burglary. He pled guilty to the lesser-included offense of child abuse and to the burglary offense. He was sentenced to probation for both offenses. In 2012, Joseph was arrested for driving under the influence. The state decided not to prosecute him, but the arrest resulted in the revocation of his probation and a sentence of 18 months of imprisonment. He served a total of 11 months, after which he was placed in ICE custody and then released on bond. The IJ denied Joseph’s application for cancellation of removal and ordered him removed. The IJ first made an adverse credibility finding, stating that there were inconsistencies within Joseph’s testimony and the evidence of record. ...
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