Case: 16-11407 Date Filed: 12/28/2018 Page: 1 of 17 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 16-11407 ________________________ Agency No. A208-033-428 STEVE ORLANDO MCPHERSON, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ________________________ Petition for Review of a Decision of the Board of Immigration Appeals ________________________ (December 28, 2018) Before JORDAN, GRANT and HULL, Circuit Judges. HULL, Circuit Judge: Steve McPherson, through counsel, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming the Immigration Judge’s (“IJ”) Case: 16-11407 Date Filed: 12/28/2018 Page: 2 of 17 order of removal and denial of his motion for a continuance.1 After review, and with the benefit of oral argument, we deny McPherson’s petition. I. IMMIGRATION PROCEEDINGS A. Entry and Notice to Appear In July 2002, McPherson, a native and citizen of Jamaica, was admitted to the United States on a J-1 nonimmigrant exchange visitor visa to study at Loyola University in Chicago. After attending classes for a couple of months, McPherson dropped out of school because he was unable to afford tuition. Though he was no longer attending school, McPherson remained in the United States. In March 2015, the Department of Homeland Security (“DHS”) served McPherson with a Notice to Appear (“NTA”), charging him as removable for: (1) failing to maintain or comply with the conditions of the nonimmigrant status under which he was admitted, pursuant to Immigration and Nationality Act (“INA”) § 237(a)(1)(C)(i), 8 U.S.C. § 1227(a)(1)(C)(i); (2) having been convicted of a crime involving moral turpitude (“CIMT”), pursuant to INA § 237(a)(2)(A)(i), 8 U.S.C. § 1227(a)(2)(A)(i); and (3) having been convicted of a crime of domestic violence, pursuant to INA § 237(a)(2)(E)(i), 8 U.S.C. § 1227(a)(2)(E)(i). 1 Since filing this appeal, McPherson was removed to Jamaica and remains there as of the date of this opinion. 2 Case: 16-11407 Date Filed: 12/28/2018 Page: 3 of 17 The latter two charges were based on McPherson’s 2007 Georgia conviction for simple battery under Georgia’s Family Violence Act, O.C.G.A. § 16-5-23.2 According to the charging document, McPherson “did intentionally make physical contact of an insulting or provoking nature with the person of Amanda Harrod, a person living or formerly living in the same household as [McPherson].” McPherson pled guilty and was sentenced to 12 months’ imprisonment, but was allowed to serve that sentence on probation under Georgia’s First Offender Act. After being served with the NTA, McPherson was taken into custody by Immigration and Customs Enforcement (“ICE”) in 2015. McPherson remained in ICE detention throughout his immigration proceedings. B. Immigration Hearings On April 14, 2015, McPherson made his first appearance before the IJ and requested time to obtain counsel. The IJ granted McPherson’s request and reset his case for April 29, 2015. At the April 29 hearing, McPherson requested additional 2 The original NTA incorrectly cited O.C.G.A. § 16-5-23.1, which defines the more serious offense of battery under Georgia law, instead of O.C.G.A. § 16-5-23, defining simple battery. Compare O.C.G.A.§ 16-5-23(a) (defining “simple battery” as ...
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