Jibril Kormoh v. Attorney General United States


NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _____________ No. 18-1766 _____________ JIBRIL M S KORMOH, AKA Jibril Korman, AKA Abraham Kormah, AKA Jabril Kormah, AKA Jabril Kormoh, AKA Jabril Jallah, Petitioner v. ATTORNEY GENERAL OF THE UNITED STATES, Respondent ________________ On Petition for Review of a Decision and Order of the Board of Immigration Appeals (Agency No. A077-845-656) ________________________ Submitted: January 22, 2019 Before: CHAGARES, and BIBAS, Circuit Judges, and SÁNCHEZ, Chief District Judge +. (Filed: February 15, 2019) ____________ + The Honorable Juan R. Sánchez, Chief United States District Judge for the Eastern District of Pennsylvania, sitting by designation. OPINION * ____________ CHAGARES, Circuit Judge. Jibril M S Kormoh petitions this Court to review a final order of removal issued by the Board of Immigration Appeals (“BIA”). An Immigration Judge (“IJ”) granted his application for cancellation of removal but the BIA sustained the appeal and ordered him deported to Liberia. For the reasons set forth below, we will dismiss Kormoh’s petition for review. I. We write primarily for the parties, so we recite only the facts necessary to our disposition. Kormoh, a citizen of Liberia, has had frequent run-ins with the criminal system since his admission to the United States as an asylee in 2005. He has been arrested many times, charged with crimes ranging from possession of false identification to attempted murder, and convicted of assault, drug possession, and corruption of minors, among others. Kormoh has three children: two live with his aging mother, and one whom he has never met lives with the child’s mother. He admits he does not provide for them financially. He also admits to abusing drugs. Kormoh was convicted in 2014 for possession of controlled substances, rendering him removable pursuant to 8 U.S.C. § 1227(a)(2)(B)(i). On May 10, 2017, the Department of Homeland Security (“DHS”) issued a Notice to Appear, charging him * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. 2 with removability. Kormoh conceded that he is removable, but he sought cancellation of removal pursuant to 8 U.S.C. § 1229b(a), which gives the Attorney General discretion to cancel removal. Kormoh testified before the IJ, who then balanced the equities to determine if his petition merited cancellation of removal. The IJ found Kormoh’s extensive criminal record and drug abuse were on the negative side of the equation. On the positive side were his young children and his aging mother who takes care of them, as well as his sobriety while incarcerated. The IJ “reluctantly” granted cancelation of removal, and emphasized his decision is “not for the respondent but for his children and his mother.” Administrative Record (“A.R.”) 97. On appeal, a three member panel of the BIA reversed. The BIA did not disturb any of the IJ’s factual findings, which it reviews for clear error, 8 C.F.R. § 1003.1(d)(3)(i), but it found that the IJ did not weigh the equities correctly, which is a judgment that ...

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