Zoranovic v. Sessions

FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT March 1, 2018 _________________________________ Elisabeth A. Shumaker Clerk of Court RADOMIR ZORANOVIC, Petitioner, v. No. 17-9530 (Petition for Review) JEFFERSON B. SESSIONS, III, United States Attorney General, Respondent. _________________________________ ORDER AND JUDGMENT* _________________________________ Before LUCERO, BALDOCK, and BACHARACH, Circuit Judges. _________________________________ Radomir Zoranovic, a native and citizen of Bosnia-Herzegovina, seeks review of the Board of Immigration Appeals’ (BIA) decision that affirmed the immigration judge’s (IJ) decision to deny him a waiver and order him removed from the United States. We deny the petition for review. * After examining the briefs and appellate record, this panel has determined unanimously to honor the parties’ request for a decision on the briefs without oral argument. See Fed. R. App. P. 34(f); 10th Cir. R. 34.1(G). The case is therefore submitted without oral argument. This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. I. BACKGROUD Zoranovic was admitted to the United States as a Serbian refugee in 2002. He adjusted his status to that of a lawful permanent resident in 2005. In 2007, the Department of Homeland Security (DHS) issued a notice to appear alleging that Zoranovic should be removed as an inadmissible alien under 8 U.S.C. § 1227(a)(1)(A). According to the DHS, Zoranovic was inadmissible because he procured entry and adjustment of status by the willful misrepresentation of a material fact—the failure to disclose his service in the Bosnian Serb army. See 8 U.S.C. § 1182(a)(6)(C)(i). Zoranovic conceded removability, but argued for a waiver or to readjust his status. The administrative record discloses the following facts, which are based in large part on military records and the testimony of an expert witness with deep knowledge of the Bosnian war, the Bosnian Serb military, and the assault on Srebrenica. Zoranovic served in the military twice—first in the Yugoslav army in the early 1980s and then from 1992 to 1996 in the Zvornik Infantry Brigade, 7th Infantry Battalion, of the Vojska Republika Srpska (VRS), commonly known as the Bosnian Serb army. In June 1995, the VRS began planning a military attack on Srebrenica—a United Nations safe zone established to protect Bosnian Muslim civilians.1 1 After Bosnian Muslim forces took control of Srebrenica in 1992, the United Nations sent its troops to establish a military bunker zone around the city and to supervise delivery of food and other supplies to the civilian population. 2 According to the expert, the VRS’s “intent [was] to neutralize the [Muslim] enclaves and eliminate conditions for the further existence of the Muslim population in Srebrenica.” R., Vol. 1 at 360. To carry out the attack, the VRS established an elite tactical group, which was composed of several hundred of its most physically fit and combat-tested soldiers. Zoranovic was nominated by ...

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