Filed: Jan. 17, 2013
Latest Update: Mar. 26, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-1433 KHUSRO AFAQ MANSOOR, Petitioner, v. ERIC H. HOLDER, JR., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. Submitted: January 11, 2013 Decided: January 17, 2013 Before MOTZ, GREGORY, and DAVIS, Circuit Judges. Petition dismissed by unpublished per curiam opinion. Aroon Roy Padharia, Washington, D.C. for Petitioner. Stuart F. Delery, Acting Assistant Attorney General,
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-1433 KHUSRO AFAQ MANSOOR, Petitioner, v. ERIC H. HOLDER, JR., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. Submitted: January 11, 2013 Decided: January 17, 2013 Before MOTZ, GREGORY, and DAVIS, Circuit Judges. Petition dismissed by unpublished per curiam opinion. Aroon Roy Padharia, Washington, D.C. for Petitioner. Stuart F. Delery, Acting Assistant Attorney General, W..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-1433
KHUSRO AFAQ MANSOOR,
Petitioner,
v.
ERIC H. HOLDER, JR., Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals.
Submitted: January 11, 2013 Decided: January 17, 2013
Before MOTZ, GREGORY, and DAVIS, Circuit Judges.
Petition dismissed by unpublished per curiam opinion.
Aroon Roy Padharia, Washington, D.C. for Petitioner. Stuart F.
Delery, Acting Assistant Attorney General, William C. Peachey,
Assistant Director, Ada E. Bosque, Senior Litigation Counsel,
Office of Immigration Litigation, UNITED STATES DEPARTMENT OF
JUSTICE, Washington, D.C., for Respondent.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Khusro Afaq Mansoor, a native and citizen of Pakistan,
petitions for review of an order of the Board of Immigration
Appeals (“Board”) finding him removable under 8 U.S.C.
§ 1227(a)(2)(A)(i) (2006) as an alien convicted of a crime
involving moral turpitude. For the reasons discussed below, we
dismiss the petition for review.
In 2010, Mansoor was convicted in the Juvenile and
Domestic Relations Court of Fairfax County, Virginia, of assault
and battery of a family member and malicious destruction or
damage of a telephone with the intent to prevent another person
from summoning law enforcement. In its decision, the Board
found Mansoor removable based on his malicious destruction
conviction and thus “[found] it unnecessary to address the
immigration consequences of [Mansoor]’s domestic assault and
battery conviction.”
Mansoor raises three claims in his brief before this
court: (1) the Board erred by failing to apply Va. Code Ann.
§ 19.2-264.2 (2008) in determining whether his malicious
destruction conviction constituted a crime involving moral
turpitude; (2) the immigration judge committed reversible error
in finding that Mansoor’s conviction for assault and battery
against a family member qualified as a crime involving moral
turpitude; and (3) the immigration judge committed reversible
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error in finding that Mansoor’s two convictions, taken together,
constituted two crimes involving moral turpitude that did not
arise from a single scheme of criminal misconduct.
We have thoroughly reviewed the parties’ briefs and
the administrative record and conclude we are without
jurisdiction to consider Claim 1. Mansoor failed to exhaust his
administrative remedies by presenting this claim below. See 8
U.S.C. § 1252(d)(1) (2006); Massis v. Mukasey,
549 F.3d 631, 638
(4th Cir. 2008). As for Mansoor’s remaining claims, we find
that they fail to properly address the basis for the Board’s
decision; the Board expressly declined to reach the immigration
consequences of Mansoor’s domestic assault and battery
conviction.
Accordingly, we dismiss the petition for review. We
dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before
this court and argument would not aid the decisional process.
PETITION DISMISSED
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