NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ______________ No. 18-2335 ______________ NAK KIM CHHOEUN, Petitioner v. ATTORNEY GENERAL OF THE UNITED STATES, Respondent ______________ On Petition for Review of a Decision of the Board of Immigration Appeals (A025-183-587) Immigration Judge: Grace A. Sease ______________ Submitted Under Third Circuit L.A.R. 34.1(a) October 22, 2019 ______________ Before: GREENAWAY, JR., PORTER, and COWEN, Circuit Judges (Filed: March 4, 2020) ______________ OPINION ∗ ______________ ∗ This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. PORTER, Circuit Judge. Nak Kim Chhoeun moved to the United States from Cambodia when he was six years old. After being arrested in 1997, Chhoeun pleaded guilty to several crimes, including simple assault and carrying firearms on public streets. In 2002, an Immigration Judge ordered him removable. Yet the United States never deported Chhoeun. Instead, Immigration and Customs Enforcement (“ICE”) placed Chhoeun under supervision in 2003. Well over a decade later, ICE detained Chhoeun in October 2017. Only after his 2017 detention did Chhoeun then decide to seek reopening and reconsideration of his case. The Board of Immigration Appeals (“BIA”) denied Chhoeun’s challenge. He now petitions for review of the BIA’s order. Chhoeun’s arguments lack merit, so we will deny in part and dismiss in part his petition. I Chhoeun was born in Cambodia in 1975. In 1981, he and his family were admitted to the United States as refugees. He became a lawful permanent resident in 1984. In 1997, the police arrested Chhoeun, and he was charged with aggravated assault under 18 Pa. Cons. Stat. § 2702(a) and conspiracy to commit aggravated assault under 18 Pa. Cons. Stat. § 903(a). A jury found him guilty of the conspiracy charge but not guilty of the aggravated assault charge. A trial court later vacated Chhoeun’s original sentence for conspiracy to commit aggravated assault. While awaiting his criminal trial, Chhoeun was charged with crimes relating to his carrying a gun on a public street. These new charges were (1) carrying firearms on public 2 streets under 18 Pa. Cons. Stat. § 6108, (2) misdemeanor simple assault under 18 Pa. Cons. Stat. § 2701(a), and (3) conspiracy to commit simple assault under 18 Pa. Cons. Stat. § 903(a). Chhoeun pleaded guilty to all three offenses that related to carrying a gun on a public street. Eventually, Chhoeun received a notice to appear before the Immigration and Naturalization Service (“INS”). The INS asserted that Chhoeun was deportable for three reasons. First, Chhoeun was convicted of a firearms offense, in violation of 8 U.S.C. § 1227(a)(2)(C). Second, Chhoeun was convicted of an aggravated felony, defined as a crime of violence for which the term of incarceration is one year or more, in violation of 8 U.S.C. § 1227(a)(2)(A)(iii). And third, Chhoeun was convicted of an aggravated felony, defined as an attempt or conspiracy to commit an offense amounting to an aggravated felony, in violation of 8 U.S.C. § 1227(a)(2)(A)(iii). Chhoeun ...
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