179 F.3d 553 (7th Cir. 1999), 98-3907, Diakite v. Immigration & Naturalization Service

Docket Nº:98-3907
Citation:179 F.3d 553
Opinion Judge:Per Curiam.
Party Name:Abdoulaye Diakite, also known as Mike Forbes, Petitioner, v. Immigration and Naturalization Service, Respondent
Attorney:For ABDOULAYE DIAKITE, also known as MIKE FORBES, Petitioner: John W. Blakeley, Submitted, South Bend, IN. For IMMIGRATION AND NATURALIZATION SERVICE, Respondent: Janet Reno, United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY GENERAL, Washington, DC USA. Samuel Der-Yeghiayan, IMMIGRATIO...
Judge Panel:Before Coffey, Easterbrook, and Rovner, Circuit Judges.
Case Date:June 02, 1999
Court:United States Courts of Appeals, Court of Appeals for the Seventh Circuit
 
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Page 553

179 F.3d 553 (7th Cir. 1999)

Abdoulaye Diakite, also known as Mike Forbes, Petitioner,

v.

Immigration and Naturalization Service, Respondent

No. 98-3907

United States Court of Appeals, Seventh Circuit

June 2, 1999

Submitted: May 13, 1999.

Petition for Review of an Order of the Board of Immigration Appeals.

For ABDOULAYE DIAKITE, also known as MIKE FORBES, Petitioner: John W. Blakeley, Submitted, South Bend, IN.

For IMMIGRATION AND NATURALIZATION SERVICE, Respondent: Janet Reno, United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY GENERAL, Washington, DC USA. Samuel Der-Yeghiayan, IMMIGRATION & NATURLIZATION SERVICE, Chicago, IL USA. Quynh Vu, DEPARTMENT OF JUSTICE, Civil Division, Immigration Litigation, Washington, DC USA.

Before Coffey, Easterbrook, and Rovner, Circuit Judges.

OPINION

Per Curiam.

Abdoulaye Diakite, a citizen of Liberia who failed to leave the United States when his visa expired, has been ordered deported for that reason plus his convictions for theft, forgery, and robbery. The Board of Immigration Appeals concluded that these are " serious" crimes that disentitle Diakite to consideration of his application for withholding of deportation. Now the INS asks us to dismiss his petition for review, on the ground that the crimes activate § 106(a)(10) of the Immigration and Nationality Act, 8 U.S.C. § 1105a(a)(10):

Page 554

Any final order of deportation against an alien who is deportable by reason of having committed a criminal offense covered in section 241(a)(2)(A)(iii), (B), (C), or (D), or any offense covered by section 241(a)(2)(A)(ii) for which both predicate offenses are, without regard to the date of their commission, otherwise covered by section 241(a)(2)(A)(i), shall not be subject to review by any court.

Diakite concedes that he is an alien and that he committed crimes " covered in section 241(a)(2)(A)(iii), (B), (C), or (D)" so that § 106(a)(10) applies. (Technically, he concedes application of the equivalent transition rule in § 309(c)(4)(G) of the Illegal Immigrant Reform and Immigrant Responsibility Act of 1996, but this detail does not matter, and we refer to § 106(a)(10) for simplicity.) Nonetheless, he contends, he is not " deportable" and therefore may obtain judicial review of his contention that he would be subject to torture if returned to Liberia. Yang v. INS, 109...

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