BANDA NINO v. HOLDER

5th Circuit

Banda Nino v. Holder (5th Circuit, August 13, 2012)

SOUTHWICK, Elrod, Stewart

Summary: Petitioner appealed the agency’s determination that she was ineligible for Non-LPR cancellation because she committed a crime involving moral turpitude.  The Fifth Circuit agreed with the agency that unlawful possession of a fraudulent identification document under Texas Penal Code § 32.51 is categorically a crime involving moral turpitude and rejected petitioner’s argument that she was still eligible for cancellation because her crime occurred more than five years after admission.   See Gonzalez-Gonzalez v. Ashcroft, 390 F.3d 649, 652 (9th Cir. 2004).  The Court concluded that the language in the Non-LPR cancellation provision (8 U.S.C. § 1229b(b)(1)(C)) that requires that an individual has not been convicted of an offense under” 8 U.S.C. § 1227(a)(2) only refers to the criminal offense and not the other elements of that provision of removability, including that the offense have been committed within five years of admission.

Read the opinion here.

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