NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 19-1342 THOMAS SARKISOVICH DAVTIAN, AKA Thomas Davtion, AKA Thomas Davitian, Petitioner v. ATTORNEY GENERAL OF THE UNITED STATES OF AMERICA, Respondent On Petition for Review of a Final Order of the Board of Immigration Appeals Immigration Judge: Honorable Leo A. Finston (No. A046-061-328) Submitted Under Third Circuit L.A.R. 34.1(a) March 10, 2020 Before: McKEE, AMBRO, and PHIPPS, Circuit Judges (Opinion filed: May 26, 2020) OPINION * AMBRO, Circuit Judge * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. Petitioner Thomas Davtian seeks our review of his final order of removal and the denial of his application for cancellation of removal, the latter of which an Immigration Judge (“IJ”) granted and the Board of Immigration Appeals (“BIA”) reversed on appeal. Davtian contends that the IJ and BIA erred when they denied his application for withholding of removal and relief under the Convention Against Torture (“CAT”). He also claims that the IJ and BIA failed to undertake the requisite analysis before categorizing his convictions as crimes involving moral turpitude. He did not raise these claims before the agency; therefore we do not have jurisdiction to review them. Nor do we have jurisdiction to review the weight the BIA gave certain evidence when evaluating Davtian’s application for cancellation of removal. Finally, its slight mischaracterization of evidence did not constitute de novo fact-finding. Any misstatement by the BIA was ultimately harmless. Thus we dismiss Davtian’s petition for review in part and deny it in part. I. Facts and Procedural History A. Background, Criminal History, and Convictions Davtian came to the United States from the Soviet Union in 1996 at roughly the age of twelve. He lived here as a lawful permanent resident for twenty-three years when the Department of Homeland Security (“DHS”) began removal proceedings against him. Davtian has a six-year old U.S.-citizen son, whom he has not seen for several years. He lives with and looks after his U.S-citizen mother, who has had a series of health problems in recent years. 2 Davtian has a significant criminal history. He was arrested sixteen times between 1998 and 2016, leading to at least four convictions. Several of his arrests involved domestic violence. His convictions for hindering apprehension and assault in the third degree were later characterized by DHS as crimes involving moral turpitude. Finally, in January 2016 he was convicted of unlawful possession of a firearm and sentenced to three years’ imprisonment. B. Removal Proceedings before the IJ DHS began removal proceedings against Davtian in September 2016, alleging he was removable as a noncitizen convicted of unlawfully possessing a firearm in violation of 18 U.S.C. § 921(a) and as a noncitizen convicted of two moral turpitude offenses not stemming from a single scheme of misconduct. In 2017, DHS sent Davtian a Notice to Appear before detaining him in the Essex County, New Jersey jail. Seeking relief, he submitted applications for asylum, ...
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