Case: 10-60228 Document: 00511341780 Page: 1 Date Filed: 01/06/2011
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
January 6, 2011
No. 10-60228
Summary Calendar Lyle W. Cayce
Clerk
KUFFOUR OSEI,
Petitioner
v.
ERIC H. HOLDER, JR., U.S. ATTORNEY GENERAL,
Respondent
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A042 471 080
Before HIGGINBOTHAM, BENAVIDES, and ELROD, Circuit Judges.
PER CURIAM:*
Kuffour Osei, a native and citizen of Ghana, petitions this court for review
of an order of the Board of Immigration Appeals (BIA) dismissing his appeal
from the denial of his request for a waiver of inadmissibility under former
§ 212(c) of the Immigration and Nationality Act, in conjunction with his
application for adjustment of status. The parties agree that the relevant issue
is when Osei agreed to plead guilty to a 1996 state charge of credit card abuse.
If a plea agreement was “made” before April 24, 1996, then Osei would be
*
Pursuant to 5TH CIR . R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .
R. 47.5.4.
Case: 10-60228 Document: 00511341780 Page: 2 Date Filed: 01/06/2011
No. 10-60228
eligible for relief under former § 212(c); if a plea agreement was made on a later
date, then he would not be eligible for relief.
Because Osei is removable based on a prior firearm conviction, we lack
jurisdiction to consider the BIA’s determination that Osei is ineligible for a
waiver of inadmissibility. See 8 U.S.C. § 1252(a)(2)(C). Although this provision
does not preclude review of constitutional claims and questions of law, see
§ 1252(a)(2)(D), we find that Osei has not made any arguments in his brief
raising a colorable constitutional claim or a question of law.
Accordingly, Osei’s petition for review is DISMISSED.
2