Taman v. Sessions

16-3827 Taman v. Sessions BIA Montante, IJ A078 330 707 UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT=S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING TO A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL. At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 26th day of February, two thousand eighteen. PRESENT: DENNIS JACOBS, PETER W. HALL, DENNY CHIN, Circuit Judges. _____________________________________ WALID HASSAN TAMAN, AKA WALTER HASSAN TAMAN, Petitioner, v. 16-3827 NAC JEFFERSON B. SESSIONS III, UNITED STATES ATTORNEY GENERAL, Respondent. _____________________________________ FOR PETITIONER: Anne E. Doebler, Buffalo, NY. FOR RESPONDENT: Chad A. Readler, Acting Assistant Attorney General; Derek C. Julius, Assistant Director; Erica B. Miles, Senior Litigation Counsel, Office of Immigration Litigation, United States Department of Justice, Washington, DC. UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals (“BIA”) decision, it is hereby ORDERED, ADJUDGED, AND DECREED that the petition for review is DENIED. Petitioner Walid Hassan Taman, a native and citizen of Egypt, seeks review of an October 12, 2016, decision of the BIA affirming an April 28, 2015, decision of an Immigration Judge (“IJ”). In re Walid Hassan Taman, No. A 078 330 707 (B.I.A. Oct. 12, 2016), aff’g No. A 078 330 707 (Immig. Ct. Buffalo Apr. 28, 2015). We assume the parties’ familiarity with the underlying facts and procedural history in this case. We have reviewed the decision of the IJ as modified and supplemented by the BIA. See Xue Hong Yang v. U.S. Dep’t of Justice, 426 F.3d 520, 522 (2d Cir. 2005); Yan Chen v. Gonzales, 417 F.3d 268, 271 (2d Cir. 2005). The standards of review are well established. See Y.C. v. Holder, 741 F.3d 324, 332 (2d Cir. 2013) (reviewing agency’s legal conclusions de novo and factual findings for substantial evidence). I. Adjustment of Status We retain jurisdiction to review the agency’s determination that Taman was statutorily ineligible for adjustment of status. See Richmond v. Holder, 714 F.3d 2 725, 728 (2d Cir. 2013); Harjinder Singh v. Gonzales, 468 F.3d 135, 138 (2d Cir. 2006). Accordingly, we review whether Taman’s false statements of U.S. citizenship before federal and state officials rendered him ineligible for adjustment of status. See Ling Yang v. Mukasey, 514 F.3d 278, 279 (2d Cir. 2008) (holding that we retain jurisdiction where “the discretionary determination is based on the same grounds as the eligibility determination”). To qualify for adjustment of status, Taman had ...

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