Ibrahim Omotayo Raji v. U.S. Attorney General

USCA11 Case: 22-10001 Document: 24-1 Date Filed: 01/19/2023 Page: 1 of 14 [DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 22-10001 Non-Argument Calendar ____________________ IBRAHIM OMOTAYO RAJI, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ____________________ Petition for Review of a Decision of the Board of Immigration Appeals Agency No. A214-947-556 ____________________ USCA11 Case: 22-10001 Document: 24-1 Date Filed: 01/19/2023 Page: 2 of 14 2 Opinion of the Court 22-10001 Before TJOFLAT, ROSENBAUM, and GRANT, Circuit Judges. PER CURIAM: Ibrahim Raji petitions for review of the order of the Board of Immigration Appeals (“BIA”) denying his motion to reconsider its affirmance of the Immigration Judge’s (“IJ”) denial of his motion to continue his removal proceedings. Raji argues that the BIA should have reconsidered its decision because he was entitled to a continuance of his proceedings pending the adjudication of his wife’s second application for visa status on Raji’s behalf, and the IJ had previously allowed Raji to continue his proceedings while his wife’s first application for visa status was pending. We reject Raji’s arguments and accordingly deny his petition for review. I. Raji—a native and citizen of Nigeria— entered the United States on December 26, 2016, pursuant to a work visa. Based on the terms of the visa, Raji was authorized to stay in the United States until June 25, 2017. On September 20, 2018—over a year after Raji’s visa expired—the Department of Homeland Security (“DHS”) issued a Notice to Appear (“NTA”) charging Raji with overstaying his visa without authorization.1 Raji admitted the al- legations in the NTA and conceded the charges, but he requested 1 The DHS explained that Raji was deportable because he violated Section 237(a)(1)(B) of the Immigration and Nationality Act by remaining in the United States longer than permitted. See 8 U.S.C. § 1227(a)(1)(B). USCA11 Case: 22-10001 Document: 24-1 Date Filed: 01/19/2023 Page: 3 of 14 22-10001 Opinion of the Court 3 that his status be adjusted due to the pending I-130 petition that his wife, Chebreka Smith, filed on his behalf on July 16, 2018. 2 Based on Smith’s pending I-130 petition, Raji had filed an I-485 Applica- tion to Register Permanent Residence3 on July 27, 2018. The I-485 application was pending at the time the NTA was issued. 4 At his 2 A U.S. citizen or lawful permanent resident can file an I-130 petition with United States Citizenship and Immigration Services (“USCIS”) to request per- manent resident status for an alien relative or spouse. See 8 U.S.C. § 1154(a)(1)(A)(i) (“[A]ny citizen of the United States claiming that an alien is entitled to . . . an immediate relative status . . . may file a petition with the Attorney General for such classification.”); 8 C.F.R. § 204.2(a)(1) (“A United States citizen or alien admitted for lawful permanent residence may file a [visa] petition on behalf of a spouse.”). 3 An alien seeking permanent resident status may file an I-485 petition while the I-130 petition of which he is …

Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals