Weidong Sun v. Jefferson B. Sessions, III , 698 F. App'x 314 ( 2017 )


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  •                  United States Court of Appeals
    For the Eighth Circuit
    ___________________________
    No. 17-1285
    ___________________________
    Weidong Sun
    lllllllllllllllllllllPetitioner
    v.
    Jefferson B. Sessions, III, Attorney General of the United States
    lllllllllllllllllllllRespondent
    ____________
    Petition for Review of an Order of the
    Board of Immigration Appeals
    ____________
    Submitted: September 26, 2017
    Filed: October 4, 2017
    [Unpublished]
    ____________
    Before WOLLMAN, BOWMAN, and COLLOTON, Circuit Judges.
    ____________
    PER CURIAM.
    Chinese citizen Weidong Sun petitions for review of a Board of Immigration
    Appeals (BIA) order affirming, without opinion, an Immigration Judge’s (IJ’s) June
    2016 decision denying his second motion seeking to rescind a removal order entered
    in absentia, and to reopen proceedings (motion to rescind/reopen). See Hashmi v.
    Mukasey, 
    533 F.3d 700
    , 703 (8th Cir. 2008) (where BIA affirms IJ’s decision without
    opinion, this court reviews IJ’s decision as final agency action). Sun’s second motion
    to rescind/reopen was based on his claim that his second attorney provided ineffective
    assistance of counsel. In his brief to this court, Sun has not presented any argument
    as to why the rejection of his ineffective-assistance claim was error. Thus, he has
    waived the issue. See Lemus-Arita v. Sessions, 
    854 F.3d 476
    , 479 n.2 (8th Cir. 2017)
    (waiver).
    Sun’s brief seeks to challenge only the basis for the IJ’s November 2015 order
    denying his first motion to rescind/reopen. This court lacks jurisdiction to review the
    November 2015 order, however, because Sun did not appeal the denial to the BIA.
    See 8 U.S.C. § 1252(d)(1) (alien must exhaust all available administrative remedies
    before court may review final order of removal); Baltti v. Sessions, 
    862 F.3d 718
    ,
    722-23 (8th Cir. 2017) (alien must pursue all stages of administrative review, and also
    raise all issues before agency); see also 8 C.F.R. § 1003.39 (except when certified to
    BIA, IJ’s decision becomes final upon expiration of time to appeal if no appeal is
    taken). The petition for review is dismissed for lack of jurisdiction.
    ______________________________
    -2-
    

Document Info

Docket Number: 17-1285

Citation Numbers: 698 F. App'x 314

Filed Date: 10/4/2017

Precedential Status: Non-Precedential

Modified Date: 1/13/2023