Argued: January 24, 2017
Petition for Review of an Order of the Board of Immigration
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.
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.
NIEMEYER, TRAXLER, and DIAZ, Circuit Judges.
denied by published opinion.
Niemeyer wrote the opinion, in which Judge Traxler and Judge
NIEMEYER, CIRCUIT JUDGE.
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.
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.
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 ...