USCA11 Case: 19-11552 Date Filed: 12/28/2020 Page: 1 of 8 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 19-11552 Non-Argument Calendar ________________________ Agency No. A097-661-896 PATRICK DWAYNE GREENE, Petitioners, versus U.S. ATTORNEY GENERAL, Respondent. ________________________ Petition for Review of a Decision of the Board of Immigration Appeals ________________________ (December 28, 2020) Before JILL PRYOR, LUCK, and FAY, Circuit Judges. PER CURIAM: USCA11 Case: 19-11552 Date Filed: 12/28/2020 Page: 2 of 8 Patrick Greene petitions for review of the Board of Immigration Appeals’s orders (1) affirming the immigration judge’s order of removal and (2) denying the sua sponte motion to reopen and reconsider. We dismiss Greene’s petition for lack of jurisdiction. FACTUAL BACKGROUND AND PROCEDURAL HISTORY Greene, a citizen of the Bahamas, was convicted of wire fraud in 2014. Following his conviction, the government charged, in its amended notice to appear, that Greene was removable under 8 U.S.C. section 1227(a)(1)(B) because he “remained in the United States for a time longer than permitted” and his “nonimmigrant visa . . . ha[d] been revoked.” Greene denied the charge and the immigration judge held a hearing. At the hearing, the government submitted a copy of Greene’s visa showing a line through it and a sticker that said “CANCELLED/REVOKED,” and a letter, dated May 11, 2018, from the United States embassy in Nassau, Bahamas, addressed to Greene, saying that his “visa was prudentially revoked by the Department of State on May 13, 2016.” The immigration judge found that “the charge of removability” was “established by clear and convincing evidence” because Greene’s visa had been revoked and, therefore, he was “not in possession of a valid, non-immigrant visa.” Greene appealed to the board. He argued in his notice of appeal that the immigration judge based its decision on “false allegations,” did not allow him to 2 USCA11 Case: 19-11552 Date Filed: 12/28/2020 Page: 3 of 8 contest the charge of removability in the amended notice to appear or the supporting documents, and should not have allowed the government to amend the notice to appear “in lieu of the original.” Greene also argued that he was not removable and his detention was unlawful because he was paroled into the United States in 2013 to be prosecuted for wire fraud and he remained a parolee while his criminal case was on direct appeal.1 On November 29, 2018, the board affirmed the order of removal, concluding that the immigration judge correctly found that Greene was removable under 8 U.S.C. section 1227(a)(1)(B) because his parole had expired and his visa had been revoked and therefore he had no legal basis to remain in the United States. The board also found that Greene had “not demonstrated any error by the [i]mmigration [j]udge in handling his hearings or any resultant prejudice that would amount to a due process violation.” The board considered only the arguments in Greene’s notice of appeal because, despite two extensions, he did not file a timely brief. On January ...
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