Jawad Ali v. U.S. Attorney General

Case: 16-17308 Date Filed: 10/10/2017 Page: 1 of 11 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 16-17308 Non-Argument Calendar ________________________ Agency No. A046-874-207 JAWAD ALI, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ________________________ Petition for Review of a Decision of the Board of Immigration Appeals ________________________ (October 10, 2017) Before HULL, WILSON, and MARTIN, Circuit Judges. PER CURIAM: Jawad Ali petitions this Court for review of the Board of Immigration Appeals’ (“BIA”) order affirming the Immigration Judge’s (“IJ”) denial of his Case: 16-17308 Date Filed: 10/10/2017 Page: 2 of 11 motion to reopen and to reconsider his removal proceedings. After careful consideration, we dismiss in part and deny in part the petition for review. I. A. Ali is a native and citizen of Pakistan. On October 27, 1998, when Ali was thirteen years old, he was admitted to the United States as a lawful permanent resident. He lives in Cartersville, Georgia and works as a technician at a foam processing plant. On December 16, 2008, Ali pled guilty in a Georgia state court to forgery in the first degree in violation of O.C.G.A. § 16-9-1. In September 2013, Ali left the United States—for the first time since his 1998 arrival—to attend a wedding in the United Arab Emirates. On October 1, 2013, Ali arrived at Dallas/Fort Worth International Airport and applied for admission as a lawful permanent resident. Ali was detained at the airport by the Office of Customs and Border Patrol because he had a prior felony conviction. The Department of Homeland Security served Ali with a Notice to Appear, charging him as inadmissible to the United States for having committed a crime involving moral turpitude. See 8 U.S.C. § 1182(a)(2)(A)(i)(I). 2 Case: 16-17308 Date Filed: 10/10/2017 Page: 3 of 11 On October 25, 2013, Ali married Jessika L. Summey (now “Jessika Ali”), 1 a United States native and citizen. The couple live together in Cartersville. On July 23, 2014, Jessika Ali filed a Petition for Alien Relative on behalf of her husband. Jessika Ali has not worked since 2013, and suffers from depression and hallucinations. She has two young daughters, Lily Lemke and Macy Summey, who are now living with other family members. Ali provides financial support for his wife and her children, including the child support payments that Jessika Ali is obligated to make. Ali also provides financial and emotional support for his mother, Nusrat Jabeen, who is a United States citizen. She suffers from schizophrenia and obsessive compulsive disorder. She does not work and is completely dependent on the care of her children, including Ali. B. On June 16, 2014, Ali filed a pleading in which he admitted to his forgery conviction, but sought a relief waiver from inadmissibility. Under 8 U.S.C. § 1182(h)(1)(B), an alien whose spouse or parent is a United States citizen is eligible for a waiver if the alien establishes that denial of admission would result in extreme hardship to the citizen. Ali argued ...

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