U.S. Court of Appeals for the Ninth Circuit, 2017

Jafran Ahmed v. Jefferson Sessions

Jafran Ahmed v. Jefferson Sessions
U.S. Court of Appeals for the Ninth Circuit · Decided August 15, 2017 · Schroeder, Tashima, Smith
695 F. App'x 290

Jafran Ahmed v. Jefferson Sessions

Opinion

*291 MEMORANDUM **

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. 2016) (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.

**

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

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