Case: 18-60275 Document: 00515040417 Page: 1 Date Filed: 07/18/2019 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED July 18, 2019 No. 18-60275 Lyle W. Cayce Clerk JORDANY PIERRE-PAUL, also known as Yves Pierre, also known as Yves Paul, Petitioner, v. WILLIAM P. BARR, U.S. ATTORNEY GENERAL, Respondent. Petitions for Review of Order of the Board of Immigration Appeals BIA No. A076 459 138 Before SMITH, WIENER, and ELROD, Circuit Judges. JENNIFER WALKER ELROD, Circuit Judge: Jordany Pierre-Paul petitions for review of the order of the Board of Immigration Appeals (BIA), arguing that the immigration court lacked jurisdiction, that the BIA erred in denying his application for asylum, withholding of removal, and cancellation of removal, and that the immigration judge violated his due process rights. Because we reject Pierre-Paul’s jurisdictional and due process arguments, we deny his petition in part. Case: 18-60275 Document: 00515040417 Page: 2 Date Filed: 07/18/2019 No. 18-60275 Because we lack jurisdiction to review the denial of asylum, withholding of removal, and cancellation of removal, we dismiss his petition in part. I. Pierre-Paul is a citizen of Haiti who was admitted to the United States on May 14, 2001, based on his mother’s asylum. Since his arrival to the United States, Pierre-Paul acquired a lengthy criminal record with nine convictions. Before the initiation of his removal proceedings, Pierre-Paul had four criminal convictions: a 2005 conviction for criminal trespass, a 2007 conviction for evidence tampering, a 2007 conviction for making a terroristic threat, and a 2009 conviction for assault causing bodily injury. On May 11, 2010, the government initiated removal proceedings against Pierre-Paul by filing a notice to appear with the immigration court. In the initial notice to appear, the government included a charge for being an alien convicted of a crime involving moral turpitude within five years of admission to the United States, under 8 U.S.C. § 1227(a)(2)(A)(i). The initial notice to appear was personally served on Pierre-Paul, but it did not specify the time and date of the initial hearing. The immigration court subsequently sent a notice of hearing on May 11, 2010 that specified that Pierre-Paul’s initial proceeding was scheduled for 8:30 AM on May 21, 2010. The notice of the initial hearing was served both in person and by mail. Pierre-Paul, who was detained in ICE custody, attended his initial hearing on May 21, 2010 “via televideo.” While his removal proceedings were pending between October 2011 and December 2015, Pierre-Paul acquired four more criminal convictions: a 2011 conviction for driving without a license, a 2012 conviction for cocaine possession, a 2012 conviction for making a terroristic threat, and a 2015 conviction for cocaine possession. For this reason, Pierre-Paul was in and out of jail and prison, and his removal proceedings were not re-calendared until 2 Case: 18-60275 Document: 00515040417 Page: 3 Date Filed: 07/18/2019 No. 18-60275 August 2016. In June 2010, the government added a charge for being an alien convicted of multiple crimes ...
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals