United States v. Oren Paris, III

United States Court of Appeals
For the Eighth Circuit
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No. 19-2396
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Olakunle Olamide Olaitan
lllllllllllllllllllllPetitioner
v.
William P. Barr, Attorney General of the United States
lllllllllllllllllllllRespondent
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Petition for Review of an Order of the
Board of Immigration Appeals
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Submitted: March 2, 2020
Filed: March 25, 2020
[Unpublished]
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Before BENTON, SHEPHERD, and KELLY, Circuit Judges.
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PER CURIAM.
Nigerian citizen Olakunle Olamide Olaitan petitions for review of an order of
the Board of Immigration Appeals (BIA), which denied his motion to remand his case

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to the immigration judge (IJ).1 Having jurisdiction under 8 U.S.C. § 1252, this court
denies the petition.
This court concludes the BIA did not abuse its discretion in denying remand.
See Caballero-Martinez v. Barr, 920 F.3d 543, 549 (8th Cir. 2019) (standard of
review). To the extent Olaitan asks this court to consider how his removal may result
in hardship to his wife, this court declines to consider issues or evidence raised for
the first time on appeal. See Agha v. Holder, 743 F.3d 609, 616 (8th Cir. 2014)
(aliens may appeal only issues exhausted at administrative level); Lukowski v. INS,
279 F.3d 644, 646 (8th Cir. 2002) (“judicial review is limited to the administrative
record”).
The petition is denied, and the motion to supplement the record is denied as
moot. See 8th Cir. R. 47B.
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1The portion of the BIA’s order dismissing Olaitan’s appeal from the IJ and the
IJ’s decision are not before this panel. See Chay-Velasquez v. Ashcroft, 367 F.3d 751,
756 (8th Cir. 2004) (claim not raised in opening brief is waived).
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