Oleg Krasnoshekov v. Attorney General United States


NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _______________ No. 20-3021 _______________ OLEG KRASNOSHEKOV, Petitioner v. ATTORNEY GENERAL UNITED STATES OF AMERICA _______________ On Petition for Review of a Decision of the Board of Immigration Appeals (Agency No. A207-043-162) Immigration Judge: Jason L. Pope _______________ Submitted Under Third Circuit L.A.R. 34.1(a) on January 11, 2022 Before: AMBRO, BIBAS, and ROTH, Circuit Judges (Filed: February 4, 2022) _______________ OPINION* _______________ BIBAS, Circuit Judge. Every appellant faces a choice: focus on a few arguments or attack every point. Oleg Krasnoshekov chose the former. After an immigration judge found that he had a conviction, * This disposition is not an opinion of the full Court and, under I.O.P. 5.7, is not binding precedent. he faced removal (deportation). He appealed but did not contest the finding that he had been convicted. He now regrets that decision, but it is too late to change course. We cannot review the judge’s finding that he has a conviction, and it alone bars relief. So does another unreviewable finding. We will thus deny his petition for review. I. BACKGROUND Krasnoshekov, a citizen of the Republic of Georgia, came to the United States in 1998. Though his visa let him stay for just three months, he never left. Instead, he worked odd jobs and married an American citizen in 2013. A year later, his wife gave birth to their daughter. Krasnoshekov’s marriage was unhappy. He and his wife separated in 2016, but he kept visiting her to see his daughter. During one visit, he grabbed his wife by the throat, shoved her against a kitchen counter, and threatened to kill her—all in front of their daughter. His wife called the police, who arrested him and charged him with aggravated assault. N.J. Stat. Ann. § 2C:12-1(b)(7). Krasnoshekov pleaded guilty in exchange for five years’ probation. Because of his con- viction, the federal government took him into custody and started proceedings to remove him from this country. He conceded that he could be removed for overstaying his visa. But he applied to cancel that removal, arguing that it would inflict extreme hardship on his American daughter. To further that application, Krasnoshekov sought a continuance to give him time to challenge his conviction in New Jersey court. He insisted that he had “plead[ed] guilty to a crime he did not commit, … to avoid going to jail.” AR 288. But an immigration judge 2 denied that motion, finding that he had not shown good cause. And the judge declined to reconsider. At the merits hearing on his case, Krasnoshekov again sought a continuance, but with- out success. Instead, the judge denied cancellation of removal and ordered Krasnoshekov removed to Georgia. The judge reasoned that his conviction made him ineligible for can- cellation and that his daughter would not face unusual hardship. The Board of Immigration Appeals affirmed. Krasnoshekov now petitions for review. Because the Board not only analyzed the issues itself but also “adopted and affirmed the [judge’s] decisions …

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