Willio Mode v. ERIC H. HOLDER, JR., Attorney General

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-2130
WILLIO MODE,
Petitioner,
v.
ERIC H. HOLDER, JR., Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals.
Submitted: January 16, 2014 Decided: January 29, 2014
Before DUNCAN, DAVIS, and DIAZ, Circuit Judges.
Petition dismissed by unpublished per curiam opinion.
Willio Mode, Petitioner Pro Se. Aimee J. Carmichael, Office of
Immigration Litigation, UNITED STATES DEPARTMENT OF JUSTICE,
Washington, D.C., for Respondent.
Unpublished opinions are not binding precedent in this circuit.

-- 1 of 3 --

2
PER CURIAM:
Willio Mode, a native and citizen of Haiti, petitions
for review of the Board of Immigration Appeals’ (“Board”) order
affirming the immigration judge’s denial of Mode’s application
for deferral of removal under the Convention Against Torture.1
For the reasons discussed below, we dismiss the petition for
review.
Pursuant to 8 U.S.C. § 1252(a)(2)(C) (2012), we lack
jurisdiction, except as provided in 8 U.S.C. § 1252(a)(2)(D)
(2012), to review the final order of removal of an alien who is
removable for having been convicted of certain enumerated
crimes, including an aggravated felony. Under § 1252(a)(2)(C),
we retain jurisdiction “to review factual determinations that
trigger the jurisdiction-stripping provision, such as whether
[Mode] [i]s an alien and whether [ ]he has been convicted of an
aggravated felony.” Ramtulla v. Ashcroft, 301 F.3d 202, 203
(4th Cir. 2002). Once we confirm these two factual
determinations, then, under 8 U.S.C. § 1252(a)(2)(C), (D), we
can only consider “constitutional claims or questions of law.”
1 Before the immigration judge, Mode conceded that his
aggravated felony conviction for a particularly serious crime
precluded him from receiving asylum or withholding of removal.
He did not dispute this issue on appeal to the Board, nor does
he challenge it before this court.

-- 2 of 3 --

3
8 U.S.C. § 1252(a)(2)(D); see Mbea v. Gonzales, 482 F.3d 276,
278 n.1 (4th Cir. 2007).
Because Mode has conceded that he is a native and
citizen of Haiti and that he has been convicted of an aggravated
felony as defined in 8 U.S.C. § 1101(a)(43)(B) (2012) (defining
“aggravated felony” as including “illicit trafficking in a
controlled substance . . . , including a drug trafficking
crime”), we find that § 1252(a)(2)(C) divests us of jurisdiction
over the petition for review.2 We therefore dismiss the petition
for review. We dispense with oral argument because the facts
and legal contentions are adequately presented in the materials
before this court and argument would not aid the decisional
process.
PETITION DISMISSED
2 Mode does not raise any colorable questions of law or
constitutional issues that would fall within the exception set
forth in § 1252(a)(2)(D).

-- 3 of 3 --