FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT January 8, 2021 _________________________________ Christopher M. Wolpert Clerk of Court OSITA OJIAKO NNADOZIE, Petitioner, v. No. 19-9582 (Petition for Review) JEFFREY ROSEN, Acting United States Attorney General, * Respondent. _________________________________ ORDER AND JUDGMENT ** _________________________________ Before LUCERO, HOLMES, and EID, Circuit Judges. _________________________________ Petitioner Nnadozie Osita Ojiako 1 seeks review of the Board of Immigration Appeals’ (BIA’s) summary affirmance of the Immigration Judge’s (IJ’s) decision * On December 24, 2020, Jeffrey Rosen became Acting Attorney General of the United States. Consequently, his name has been substituted for William P. Barr as Respondent, per Fed. R. App. P. 43(c)(2). ** After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist in the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument. This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. 1 Petitioner gave his name as Nnadozie Osita Ojiako at several hearings during the removal proceedings. See A.R. at 54 (“My name is Nnadozie Osita Ojiako”); id. at 78 (“My full name is Nnadozie Osita Ojiako”); id. at 101 (“My full name is denying his request for a continuance and entering a final order of removal. Exercising jurisdiction pursuant to 8 U.S.C. § 1252(a)(5), we dismiss the petition in part and deny the petition in part. BACKGROUND Nnadozie, a Nigerian national, entered the United States in January of 2016 on a nonimmigrant student visa. After completing his program of study, he overstayed his visa. Nnadozie was detained at a border patrol checkpoint in January of 2019, and the Department of Homeland Security (DHS) initiated removal proceedings. Nnadozie, held at a detention center in Tulsa, Oklahoma, first appeared for a removal hearing before an immigration judge in Dallas, Texas, on February 14, 2019. This and all subsequent hearings were conducted remotely. The IJ conducted five hearings in Nnadozie’s case from February 14 to April 23, 2019, during which span he granted four requests for continuance. At the first hearing, Nnadozie stated he was married to a United States citizen. When asked whether he was represented by an attorney, Nnadozie said that he had spoken to an attorney who he thought was going to appear at the hearing. The IJ indicated no attorney had filed an entry of appearance and granted Nnadozie a continuance for a month to give him the opportunity to retain counsel. Attorney Patrick Chukwu, who represented Nnadozie at a bond hearing before the same IJ, was present at the second Nnadozie Osita Ojiako. My last name is actually Ojiako.”). Despite this, he was referred to as “Mr. Nnadozie” in the transcripts and captions of the ...
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