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Johnson v. Attorney General of the United States

April 16, 2010

WILFRED BRENTNOL JOHNSON, PETITIONER
v.
ATTORNEY GENERAL OF THE UNITED STATES, RESPONDENT



Petition for Review of the Order of the Board of Immigration Appeals, (A73-197-795), Immigration Judge: Hon. Mirlande Tadal.

The opinion of the court was delivered by: Sloviter, Circuit Judge.

PRECEDENTIAL

Submitted Under Third Circuit LAR 34.1(a) April 12, 2010

Before: SLOVITER, NYGAARD, Circuit Judges, and RESTANI*fn1, Judge.

OPINION

Petitioner Wilfred Johnson, a citizen of Guyana, petitions for review of an order of the Board of Immigration Appeals ("BIA") affirming the decision by the Immigration Judge ("IJ") to deny his application for cancellation of removal under § 240A(b)(2) of the Immigration and Nationality Act, 8 U.S.C. § 1229b(b)(2). We will dismiss for lack of jurisdiction.

I. BACKGROUND

Johnson is a native and citizen of Guyana who entered the United States in or about March 1995, without inspection. In February 2003, Johnson married a United States citizen, with whom he has two young children. Johnson's wife filed and obtained approval of an Alien Relative Petition, which permitted his presence in the United States.

After briefly returning to Guyana, Johnson returned and was paroled into the United States in July 2005 as an applicant for legal permanent residence. However, by March 2006, Johnson's marriage began to deteriorate and he left the marital home. Meanwhile, Johnson's wife withdrew the Alien Relative Petition, commenced divorce proceedings, and obtained a restraining order preventing Johnson from visiting his young children.

Based on the allegations made by Johnson's wife in obtaining the restraining order, he was taken into custody by the Bureau of Immigration and Customs Enforcement ("ICE"). While in custody, Johnson was served with a Notice to Appear and charged with removability "in that [he] was not in possession of a valid unexpired immigrant Visa, reentry permit, border crossing card, or valid entry document required by the Immigration and Nationality Act." App. at 44. The IJ deemed Johnson "removable pursuant to the charge set forth in the Notice to Appear." App. at 47.

About one month later, Johnson filed an application in the Immigration Court for cancellation of removal under the Special Rule for Battered Spouses. See 8 U.S.C. § 1229b(b)(2).*fn2

Thereafter, the Immigration Court had a hearing at which Johnson testified in support of his application. He testified that his wife mistreated him by making baseless allegations against him and depriving him of access to their two children. Johnson claimed that his wife's actions amounted to extreme cruelty and that if he is subject to removal, his children will suffer.

The IJ denied Johnson's application for cancellation of removal. The BIA affirmed and dismissed Johnson's appeal. Johnson then petitioned ...


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