Barbadian loses deportation appeal in USA
“Richard Carrington petitions for review of a decision of the Board of Immigration Appeals (“BIA”), which dismissed his appeal from an Immigration Judge’s (“IJ”) final removal order. For the reasons below, we will deny the petition for review.”
Carrington is a native and citizen of Barbados. He was admitted to the United States as a Legal Permanent Resident in August 1991. In 1997, he pled guilty to and was convicted of forgery in Pennsylvania state court. He was sentenced to twenty-three months of imprisonment, with immediate parole given at the time of sentencing. In August 2009, the Department of Homeland Security served Carrington with a Notice to Appear (“NTA”), charging him with removability for having committed an aggravated felony, see INA § 237(a)(2)(A)(iii) [8 U.S.C. § 1227(a)(2)(A)(iii)], and for having been convicted of two or more crimes involving moral turpitude, see INA § 237(a)(2)(A)(ii) [8 U.S.C. § 1227(a)(2)(A)(ii)].
On November 16, 2009, after being afforded two continuances to obtain an attorney or representative of his choosing, the IJ proceeded with Carrington’s hearing and he admitted the allegations in the NTA. The IJ found Carrington removable as charged under INA § 237(a)(2)(A)(iii), as defined in INA § 101(a)(43)(R) [8 U.S.C. § 1101(a)(43)(R)], based on his forgery conviction. However, the IJ found that Carrington was not removable under INA § 237(a)(2)(A)(ii). Accordingly, the IJ concluded that Carrington was not eligible for discretionary relief from removal and ordered him removed to Barbados.
Carrington timely appealed the decision to the BIA and, on April 12, 2010, the BIA dismissed the appeal, noting that Carrington had not filed any relief applications. The BIA concluded that the IJ was correct in finding that Carrington’s record of conviction for forgery, for which the term of imprisonment was at least one year, constituted an aggravated felony under INA § 101(a)(43)(R). Carrington has petitioned for review of the BIA’s decision.
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