United States Court of Appeals For the First Circuit No. 18-2052 MAURICIO FABIAN-SORIANO, Petitioner, v. WILLIAM P. BARR,* UNITED STATES ATTORNEY GENERAL, Respondent. PETITION FOR REVIEW OF AN ORDER OF THE BOARD OF IMMIGRATION APPEALS Before Torruella, Selya, and Lynch, Circuit Judges. Megan M. O'Neill, Anne Y. Lee, and Covington & Burling LLP on brief for petitioner. Robert Michael Stalzer, Trial Attorney, Office of Immigration Litigation, Joseph H. Hunt, Assistant Attorney General, Civil Division, and Stephen J. Flynn, Assistant Director, Office of Immigration Litigation, on brief for respondent. * Pursuant to Fed. R. App. P. 43(c)(2), Attorney General William P. Barr has been substituted for former Attorney General Jefferson B. Sessions, III as the respondent. May 31, 2019 LYNCH, Circuit Judge. The primary issue in this immigration case is whether the statutory bar in 8 U.S.C. § 1252(a)(2)(C) strips this court of jurisdiction over Mauricio Fabian-Soriano's petition for judicial review of a Board of Immigration Appeals' decision adopting and affirming an Immigration Judge's denial of Fabian's request for withholding of removal under the Immigration and Nationality Act § 241(b)(3), 8 U.S.C. § 1231(b)(3). Because Fabian is removable due to his conviction for a state crime involving moral turpitude, we lack jurisdiction under 8 U.S.C. § 1252(a)(2)(C) to consider Fabian's challenge to the denial of withholding of removal. He raises no colorable legal or constitutional claims. We also lack jurisdiction to consider Fabian's argument, made for the first time in his brief to us, that he is part of a particular social group consisting of "persons who oppose gang membership and face continuous threatening behavior after resisting recruitment, even after informing the police and seeking their assistance and protection." He did not exhaust that argument. We dismiss the petition for review for lack of jurisdiction. I. Fabian entered the United States near McAllen, Texas without inspection in October 2013. On November 10, 2017, Fabian - 3 - was convicted of indecent assault and battery on a person fourteen years or older, in violation of Massachusetts General Laws chapter 265, § 13H. On February 7, 2018, officers from U.S. Immigration and Customs Enforcement conducted a routine check to identify removable aliens at the Suffolk County House of Correction in Massachusetts where Fabian was incarcerated. The ICE check revealed Fabian's unlawful status, and the Department of Homeland Security initiated removal proceedings against him on March 1, 2018. DHS charged him with being inadmissible under 8 U.S.C. § 1182(a)(6)(A)(i), as an alien present in the United States without being admitted or paroled, and 8 U.S.C. § 1182(a)(2)(A)(i)(I), as an alien who had been convicted of a crime involving moral turpitude. On March 19, 2018, Fabian appeared pro se before an IJ in Massachusetts, who, after granting several continuances at Fabian's request, found Fabian removable.1 On March 27, 2018, Fabian again appeared pro se before the IJ to submit his application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). In the alternative, Fabian requested voluntary departure. 1 At that March ...
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals