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Ahmed v. Sessions

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Aug 15, 2017
No. 14-73176 (9th Cir. Aug. 15, 2017)

Opinion

No. 14-73176

08-15-2017

JAFRAN AHMED, Petitioner, v. JEFFERSON B. SESSIONS III, Attorney General, Respondent.


NOT FOR PUBLICATION

Agency No. A206-498-945 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: SCHROEDER, TASHIMA, and M. SMITH, Circuit Judges.

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

Jafran Ahmed, a native and citizen of Bangladesh, petitions for review of the Board of Immigration Appeals' order dismissing his appeal from an immigration judge's order affirming the decision of an asylum officer during expedited removal proceedings. We dismiss the petition for review.

We lack jurisdiction to review Ahmed's removal order because it was issued pursuant to 8 U.S.C. § 1225(b)(1)(B). 8 U.S.C. § 1252(a)(2)(A)(iii). Ahmed does not challenge the removal order under any of the "strictly limited" exceptions in 8 U.S.C. § 1252(e) and our jurisdiction does not extend to his challenge to the validity of the expedited removal order. See 8 U.S.C. § 1252(e)(2)(B) (challenge to whether alien was removed pursuant to 8 U.S.C. § 1225(b)(1) must be made in habeas corpus proceedings); Pena v. Lynch, 815 F.3d 452, 456 (9th Cir. 2015) (court lacks jurisdiction to review any constitutional or statutory claims related to the underlying expedited removal order).

Ahmed's motion to stay his removal is denied as moot. The currently effective temporary stay of removal will expire upon the issuance of the mandate.

Ahmed's motion to stay the mandate is denied.

PETITION FOR REVIEW DISMISSED.


Summaries of

Ahmed v. Sessions

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Aug 15, 2017
No. 14-73176 (9th Cir. Aug. 15, 2017)
Case details for

Ahmed v. Sessions

Case Details

Full title:JAFRAN AHMED, Petitioner, v. JEFFERSON B. SESSIONS III, Attorney General…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Aug 15, 2017

Citations

No. 14-73176 (9th Cir. Aug. 15, 2017)

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