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Hernandez-Nolasco v. Lynch

United States Court of Appeals, Fourth Circuit

December 4, 2015

JOSE HERNANDEZ-NOLASCO, Petitioner,
v.
LORETTA E. LYNCH, Attorney General, Respondent

Argued: October 28, 2015.

On Petitions for Review of Orders of the Board of Immigration Appeals.

ARGUED:

Mariam Masumi, JOHNSON & ASSOCIATES, P.C., Arlington, Virginia, for Petitioner.

Edward Earl Wiggers, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

ON BRIEF:

Randall L. Johnson, JOHNSON & ASSOCIATES, P.C., Arlington, Virginia, for Petitioner.

Benjamin C. Mizer, Acting Assistant Attorney General, Civil Division, Mary Jane Candaux, Assistant Director, Office of Immigration Litigation, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

Before WILKINSON, KEENAN, and THACKER, Circuit Judges. Judge Keenan wrote the opinion, in which Judge Wilkinson and Judge Thacker joined.

OPINION

Page 96

BARBARA MILANO KEENAN, Circuit Judge:

Jose Hernandez-Nolasco, a native and citizen of Honduras, petitions for review of: (1) a decision of the Board of Immigration Appeals (BIA) ordering his removal from the United States; and (2) the BIA decision denying his motion for reconsideration. Hernandez-Nolasco argues in these consolidated petitions that the BIA erred in affirming the ruling of an immigration judge (IJ) that Hernandez-Nolasco had been convicted of a " particularly serious crime," which under the Immigration and Nationality Act (INA), 8 U.S.C. § 1231(b)(3)(B), and under the United Nations Convention Against Torture (CAT), see 8 C.F.R. § 1208.16(d)(2), rendered him ineligible for withholding of removal.

Page 97

Hernandez-Nolasco also contends that the IJ erred in concluding that he is not entitled to deferral of removal under the CAT, 8 C.F.R. ยง 1208.17(a). We dismiss in part and deny in part Hernandez-Nolasco's petitions, because the IJ and the BIA did not err in determining any questions of ...


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