Abdel Toure v. Eric H. Holder Jr. , 336 F. App'x 580 ( 2009 )


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  •                      United States Court of Appeals
    FOR THE EIGHTH CIRCUIT
    ___________
    No. 07-3135
    ___________
    Abdel Latif Toure,                     *
    *
    Petitioner,               * Petition for Review of
    * an Order of the Board of
    v.                              * Immigration Appeals.
    *
    1
    Eric H. Holder, Jr., Attorney General * [UNPUBLISHED]
    of the United States,                  *
    *
    Respondent.               *
    ___________
    Submitted: July 7, 2009
    Filed: July 10, 2009
    ___________
    Before BYE, COLLOTON, and GRUENDER, Circuit Judges.
    ___________
    PER CURIAM.
    Abdel Latif Toure, a native of Guinea, petitions for review of an order of the
    Board of Immigration Appeals affirming an immigration judge’s order that found
    Toure removable as charged. We dismiss the petition. Toure was found removable
    based on two drug convictions that the immigration judge sustained, either of which
    would justify his removal, see 8 U.S.C. § 1227(a)(2)(A)(iii), (B)(i), and he contests
    1
    Eric H. Holder, Jr. has been appointed to serve as Attorney General of the
    United States, and is substituted as respondent pursuant to Federal Rule of Appellate
    Procedure 43(c).
    the findings as to only one conviction, see Morales Ventura v. Ashcroft, 
    348 F.3d 1259
    , 1262-63 (10th Cir. 2003) (issue is moot when court cannot grant effectual relief
    on issue). In any event, the specific issues he raises are not reviewable in this court,
    see 8 U.S.C. § 1252(a)(2)(C) (no court shall have jurisdiction to review final order of
    removal against alien who is removable by reason of committing criminal offense
    covered under, inter alia, 8 U.S.C. § 1227(a)(2)(B)), because he did not raise before
    the Board of Immigration Appeals (or here) a substantial and colorable constitutional
    challenge or a legal argument.
    Accordingly, we dismiss the petition.
    _________________________________
    -2-
    

Document Info

Docket Number: 07-3135

Citation Numbers: 336 F. App'x 580

Judges: Bye, Colloton, Gruender, Per Curiam

Filed Date: 7/10/2009

Precedential Status: Non-Precedential

Modified Date: 11/5/2024