DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
182331P.pdf 07/26/2019 Shuli Marambo v. William P. Barr
U.S. Court of Appeals Case No: 18-2331
Petition for Review of an Order of the Board of Immigration Appeals
[PUBLISHED] [Shepherd, Author, with Arnold and Kobes, Circuit Judges]
Petition for Review - Immigration. Petitioner challenges for the first
time before this court the BIA's prior interpretations of the particularly
serious crime bar, and the court would not consider the arguments because
petitioner failed to exhaust his administrative remedies on the issue;
claim that raising the issue before the BIA would have been futile
rejected; the IJ acted within its authority in considering the facts and
circumstances set forth in the criminal complaint,including the arresting
officers' observations of petitioner's actions, to determine his unlawful
possession offense was a particularly serious crime; petitioner's
unlawful-possession-of-a-firearm offense qualified as a particularly
serious crime and barred withholding of removal; there was no reviewable
claim of error in the BIA's denial of petitioner's request for CAT relief.