Ahmad Abulfeilat v. Eric H. Holder Jr.

Good Law
472 F. App'x 674
United States Court of Appeals for the Ninth CircuitApril 19, 201208-73421California416 words

Opinion

Opinion

MEMORANDUM

Ahmad Kheir Abulfeilat, a native and citizen of Jordan, petitions for review of a decision of the Board of Immigration Appeals (“BIA”). The BIA found — on remand, after the Court granted a prior petition for review in part, see Abulfeilat v. Gonzales, 244 Fed.Appx. 159 (9th Cir. 2007) — that Abulfeilat had committed a particularly serious crime, rendering him ineligible for asylum and withholding of deportation; that he was ineligible for protection under the Convention Against Torture (“CAT”); and that he was ineligible for voluntary departure. We review the BIA’s factual findings for substantial evidence and its legal conclusions de novo. See Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009).

Because Abulfeilat raises his argument that the BIA was required to remand his case to an immigration judge for the first time in his petition for review, we cannot consider it. See Chettiar v. Holder, 665 F.3d 1375, 1379 (9th Cir.2012).

The BIA applied the correct standard in determining that the crime for which Abulfeilat is deportable, conspiracy to evade Iraqi sanction regulations, is “particularly serious,” rendering him ineligible for asylum and withholding of…

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