Ejedawe

Ejedawe v. Gonzales

Good Law
234 F. App'x 594
United States Court of Appeals for the Ninth CircuitJune 13, 2007Nos. 04-74598, 06-72047California539 words

Opinion

Lead Opinion

*595 MEMORANDUM **

Petitioner Patrick Ejedawe is an alien convicted of two separate aggravated felonies, which are both fraud-related convictions exceeding one million dollars in total loss. Petitioner seeks review of two separate orders of the Board of Immigration Appeals (“BIA”). The orders upheld an Immigration Judge’s (“IJ”) denial of Petitioner’s requests for withholding of removal and relief under the Convention Against Torture (“CAT”), as well as, the denial of Petitioner’s claim that he was a United States national. The IJ’s denial of withholding of removal and CAT relief was based on Petitioner’s failure to demonstrate that he would suffer persecution and/or torture if returned to his homeland. The denial was not explicitly based on Petitioner’s aggravated felony status.

We have jurisdiction under 8 U.S.C. § 1252 . See Unuakhaulu v. Gonzales, 416 F.3d 931, 936 (9th Cir.2005) (the jurisdiction-stripping provision in § 1252(a)(2)(C) is inapplicable when the IJ does not rely on the aggravated felony conviction as the basis for denying Petitioner’s application for withholding of removal and CAT relief). "When the BIA incorporates the conclusions of the IJ in rendering its…

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