Omar Norvil Whylie Lewin v. Attorney General United States

PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _____________ No. 17-1846 _____________ OMAR NORVIL WHYLIE LEWIN, AKA Omar Lewin, AKA Omar N. Lewin, AKA Lewin Omard, AKA Lewin N. Oman, Petitioner v. ATTORNEY GENERAL OF THE UNITED STATES OF AMERICA, Respondent _______________ On Petition for Review of an Order of the United States Department of Justice Board of Immigration Appeals (BIA 1:A041-353-654) Immigration Judge: Hon. Mirlande Tadal _______________ Submitted Under Third Circuit LAR 34.1(a) January 11, 2018 Before: JORDAN, ROTH, Circuit Judges and MARIANI *, District Judge. (Filed: March 20, 2018) _______________ Joseph C. Hohenstein 190 N. Independence Mall West Suite 602 Philadelphia, PA 19106 Counsel for Petitioner Jefferson B. Sessions, III Anna Juarez Anthony J. Messuri United States Department of Justice Office of Immigration Litigation P.O. Box 878 Ben Franklin Station Washington, DC 20044 Counsel for Respondent _______________ OPINION OF THE COURT _______________ * Honorable Robert D. Mariani, United States District Court Judge for the Middle District of Pennsylvania, sitting by designation. 2 JORDAN, Circuit Judge. This immigration case raises a single question: whether the petitioner’s conviction under New Jersey’s Receiving Stolen Property Statute, N.J. Stat. Ann. § 2C:20- 7(a), constitutes an “aggravated felony” under the Immigration and Nationality Act (“INA”), 66 Stat. 163, as amended. 8 U.S.C. § 1101(a)(43)(G). We conclude that it does and, accordingly, will deny the petition for review. I. BACKGROUND Omar Norvil Whylie Lewin, a native and citizen of Jamaica, was admitted to the United States in 1987 as a legal permanent resident. In 2000, Lewin was convicted of receiving stolen property in the third degree, in violation of New Jersey law, N.J. Stat. Ann. § 2C:20-7(a), and was sentenced to five years of probation. Seven years later, following a finding that he violated the terms of his probation, Lewin was resentenced to a term of four years of imprisonment. 1 Another seven years later, Lewin received a 1 Lewin states that his probation violation stemmed from a miscommunication regarding his request to transfer his probation when he moved from New Jersey to Georgia, which resulted in a bench warrant on the 2000 stolen property offense. He alleges “serious defects” in the violation of probation proceedings that resulted in his resentencing. (Opening Br. at 5.) Those allegations are the subject of a collateral attack, pending in the New Jersey Superior Court. State v. Lewin, No. A-0713-1671. Lewin filed a motion to hold the present matter in abeyance, pending the resolution of that case, and we denied that motion. 3 Notice to Appear, charging him as removable pursuant to 8 U.S.C. § 1227(a)(2)(A)(ii)-(iii). An Immigration Judge (“IJ”) concluded that Lewin is removable for having been convicted of an aggravated felony under § 1101(a)(43)(G), based on his 2000 New Jersey conviction for receipt of stolen property and later resentencing, and that the conviction also barred him from relief in the form of cancellation of removal. The IJ therefore pretermitted Lewin’s application for cancellation of removal. Lewin then filed a motion for reconsideration, which was ...

Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals