USCA11 Case: 19-12462 Date Filed: 09/08/2021 Page: 1 of 55 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 19-12462 ________________________ Agency No. A071-704-330 HASSAN FARAH, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ________________________ Petitions for Review of a Decision of the Board of Immigration Appeals _______________________ No. 20-12941 ________________________ D.C. Docket No. 1:20-cv-22074-RNS HASSAN MOHAMED FARAH, Petitioner-Appellant, USCA11 Case: 19-12462 Date Filed: 09/08/2021 Page: 2 of 55 versus MICHAEL W. MEADE, Field Office Director, Miami Field Office, U.S. Immigration and Customs Enforcement, et al, Respondents-Appellees. ________________________ Appeals from the United States District Court for the Southern District of Florida _______________________ (September 8, 2021) Before WILLIAM PRYOR, Chief Judge, JILL PRYOR, Circuit Judge, and SELF, * District Judge. WILLIAM PRYOR, Chief Judge: Hassan Farah, a criminal alien facing deportation to Somalia, petitions for review of the order of the Board of Immigration Appeals confirming his removability and denying his applications for withholding of removal, protection under the Convention Against Torture, and a refugee inadmissibility waiver. He also appeals the denial of his petition for a writ of habeas corpus. We previously stayed Farah’s order of removal. We now dismiss in part and deny in part his petition for review, and we dissolve the stay of removal. In the light of that * Honorable Tilman Eugene Self III, United States District Judge for the Middle District of Georgia, sitting by designation. 2 USCA11 Case: 19-12462 Date Filed: 09/08/2021 Page: 3 of 55 decision, we also conclude that his habeas petition is moot as to one issue and not ripe as to another. So we vacate and remand with instructions to dismiss his habeas petition. I. BACKGROUND According to his account, Hassan Farah was born in Somalia as a member of the Darod tribe. In 1991, when he was a child, men from the Hawiye tribe executed his father, raped his sister, and burned his home. He and his surviving family members fled to Kenya. In 1996, Farah entered the United States as a refugee. A few years later, he applied for adjustment of status, but the government denied his application because he failed to appear for fingerprinting. Between 2003 and 2006, Farah was convicted of several crimes in Minnesota. Those crimes included fourth-degree assault and fleeing a police officer in a motor vehicle, for which he was sentenced to a year and a day of imprisonment. Not surprisingly, Farah’s crimes came to the attention of federal immigration officials. The United States started removal proceedings against Farah in late 2006. It charged him as an alien without a valid travel document who had been convicted of a crime involving moral turpitude. 8 U.S.C. § 1182(a)(2)(A)(i)(I), (a)(7)(A)(i)(I). Farah’s notice to appear did not include a date or a time for his 3 USCA11 Case: 19-12462 Date Filed: 09/08/2021 Page: 4 of 55 removal hearing, but he received a follow-up notification with that information a week later. At his hearing, Farah conceded that he was removable and did not seek …
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals