Oleksandr Oliynyk v. Attorney General United States


NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 18-1712 ___________ OLEKSANDR OLIYNYK, AKA Oliynyk V. Oleksandr, AKA Oleksandr V. Oliyntk, AKA Oleksandr V. Oliynyk, Petitioner v. ATTORNEY GENERAL OF THE UNITED STATES OF AMERICA, Respondent ____________________________________ On Petition for Review of an Order of the Board of Immigration Appeals (Agency No. A205-986-682) Immigration Judge: Honorable Steven A. Morley ____________________________________ Submitted Pursuant to Third Circuit LAR 34.1(a) September 4, 2018 Before: VANASKIE, COWEN and NYGAARD, Circuit Judges (Opinion filed: September 6, 2018) ___________ OPINION * ___________ PER CURIAM * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. Pro se petitioner Oleksandr Oliynyk petitions for review of a final order of removal. For the reasons detailed below, we will deny the petition. Oliynyk is a citizen of the former U.S.S.R. He entered the United States in 1999 (he claims) or 2002 (the Government claims) on a student visa. In 2014, he was convicted in Pennsylvania state court of theft by deception and sentenced to three-and-a- half to seven years’ imprisonment. In 2017, the Government charged Oliynyk with being removable because (1) he had been convicted of a theft offense that qualified as an aggravated felony under 8 U.S.C. § 1101(a)(43)(G); (2) he had been convicted of an offense involving fraud or deceit in which the loss to the victims exceeded $10,000 that qualified as an aggravated felony under § 1101(a)(43)(M); and (3) he had failed to maintain or comply with the conditions of his nonimmigrant status under § 1227(a)(1)(C)(i). Oliynyk, who has proceeded pro se throughout these proceedings, has zealously litigated his case. Before an Immigration Judge (IJ), he applied for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). He claimed that he feared that Ukrainian nationalists would harm him due to his Russian ethnicity. He also alleged that the Government had failed to establish that he had actually been convicted of the theft-by-deception offense and raised numerous procedural objections. Ultimately, the IJ denied all relief to him and ordered his removal. Oliynyk appealed to the Board of Immigration Appeals (BIA), raising numerous claims. In a thorough decision, the BIA affirmed the IJ in all respects and dismissed the appeal. Oliynyk then filed a petition for review to this Court. 2 We generally have jurisdiction to review a final order of removal under 8 U.S.C. § 1252(a)(1). However, because, as we discuss below, we conclude that Oliynyk is removable for having committed an aggravated felony, § 1252(a)(2)(C)’s jurisdiction- stripping provision applies. See generally Singh v. Att’y Gen., 839 F.3d 273, 282 (3d Cir. 2016). As a result, our jurisdiction is limited to questions of law and constitutional claims. See § 1252(a)(2)(D). Oliynyk’s first argument is that the Government failed to carry its burden of proving that he was actually convicted of the theft offense. We are not persuaded. The Government presented a court-commitment form, a sentencing sheet, trial- and appellate- court ...

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