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Mahmood v. Sessions

United States Court of Appeals, Fourth Circuit

February 22, 2017

RIAZ MAHMOOD, Petitioner,
v.
JEFFERSON B. SESSIONS, III, Attorney General, Respondent.

          Argued: January 24, 2017

         On Petition for Review of an Order of the Board of Immigration Appeals.

         ARGUED:

          Bradley Bruce Banias, BARNWELL, WHALEY, PATTERSON, AND HELMS, LLC, Charleston, South Carolina, for Petitioner.

          Tiffany L. Walters, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

         ON BRIEF:

          Benjamin C. Mizer, Principal Deputy Assistant Attorney General, Civil Division, Anthony C. Payne, Assistant Director, Office of Immigration Litigation, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

          Before NIEMEYER, TRAXLER, and DIAZ, Circuit Judges.

         Petition denied by published opinion.

         Judge Niemeyer wrote the opinion, in which Judge Traxler and Judge Diaz joined.

          NIEMEYER, CIRCUIT JUDGE.

         Riaz Mahmood, a native and citizen of Pakistan who was granted asylum in the United States in 1997, voluntarily applied in 2011 for adjustment of his asylum status to the status of a lawful permanent resident, pursuant to 8 U.S.C. § 1159(b). His application was granted in 2012. The Attorney General thereafter sought to deport Mahmood for having, over the years, obtained several immigration benefits by fraud.

         The immigration judge found by clear and convincing evidence that Mahmood deliberately misrepresented material facts in order to obtain travel documents and his lawful permanent resident status and ordered that Mahmood be removed from the United States to Pakistan.

         The Board of Immigration Appeals ("BIA") affirmed, rejecting Mahmood's argument that he could not be removed unless his asylum status had first been terminated pursuant to 8 U.S.C. § 1158(c). Mahmood argued that, as an "adjusted asylee, " he "retain[ed] the protections of asylum after obtaining [lawful permanent] residency, and therefore [could] not be removed without first having asylum terminated via the procedures outlined in [§ 1158(c)(2)] and 8 C.F.R. § 1208.24." In rejecting Mahmood's argument, the BIA relied on its precedential decision in Matter of C-J-H-, 26 I. & N. Dec. 284 ...


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