USCA11 Case: 20-13993 Date Filed: 02/03/2022 Page: 1 of 10 [DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 20-13993 Non-Argument Calendar ____________________ JUNIOR KHEDIVE PASCAL, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ____________________ Petition for Review of a Decision of the Board of Immigration Appeals Agency No. A213-649-003 ____________________ USCA11 Case: 20-13993 Date Filed: 02/03/2022 Page: 2 of 10 2 Opinion of the Court 20-13993/21-12256 ____________________ No. 21-12256 Non-Argument Calendar ____________________ JUNIOR KHEDIVE PASCAL, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ____________________ Petition for Review of a Decision of the Board of Immigration Appeals Agency No. A213-649-003 ____________________ Before JILL PRYOR, BRANCH, and BRASHER, Circuit Judges. PER CURIAM: Junior Pascal seeks review of (1) the Board of Immigration Appeals’ order denying his motion to remand and dismissing his USCA11 Case: 20-13993 Date Filed: 02/03/2022 Page: 3 of 10 20-13993/21-12256 Opinion of the Court 3 appeal of an immigration judge’s order denying his application for asylum, withholding of removal, and relief under the Convention Against Torture, and (2) the BIA’s order denying his motion to re- open removal proceedings. Because Pascal fails to raise issues re- lated to the immigration judge’s denial of asylum or CAT relief, he has abandoned those issues on appeal. And because he is subject to 8 U.S.C. § 1252(a)(2)(C)’s criminal jurisdiction bar, we lack jurisdic- tion to review Pascal’s challenges to the BIA’s denial of his motion to reopen. Accordingly, we deny Pascal’s petition in part and dis- miss in part. I. Junior Pascal was originally admitted to the United States as a nonimmigrant visitor from Haiti in 2000, with authorization to remain for six months. He did not depart as required. In 2006, he was arrested and charged with robbery using a firearm in violation of Fla. Stat. § 812.13(2)(a); unlawful possession of cannabis in viola- tion of Fla. Stat. § 893.13(6)(b); and driving without a valid license in violation of Fla. Stat. § 322.03(1). He was eventually convicted and sentenced to ten years in prison for the robbery conviction and sixty days for the cannabis conviction, minus credit for time served. In 2015, he was convicted of burglary of an occupied dwelling in violation of Fla. Stat. §§ 777.011, 810.02(3)(A). He was sentenced to ten additional years in prison, though this sentence was reduced to eight years of probation and two years of community control. USCA11 Case: 20-13993 Date Filed: 02/03/2022 Page: 4 of 10 4 Opinion of the Court 20-13993/21-12256 In 2019, the Department of Homeland Security served Pas- cal with an I-261, charging that he was removable under INA § 237(a)(1)(B), 8 U.S.C. § 1227(a)(1)(B) for remaining in the United States for a time longer than permitted. The I-261 also charged Pas- cal as removable under INA § 237(a)(2)(A)(ii), 8 U.S.C. § 1227(a)(2)(A)(ii) for being convicted of two crimes involving moral turpitude, and under INA § 237(a)(2)(A)(iii), 8 U.S.C. § 1227(a)(2)(A)(iii) for being convicted of an aggravated felony relat- ing to a crime of violence for …
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals