Immigration Law: Cancellation of Removal-Prior Crime Involving Moral Turpitude-Requisite Moral Character

Petitioner, a citizen of Mexico, entered the United States without being admitted and subsequently pleaded guilty to DUI and false reporting. Petitioner conceded removability but filed an application for cancellation. The Immigration Judge denied the application, ruling that petitioner’s conviction for false reporting made him ineligible for cancellation because it was a crime involving moral turpitude.

Where petitioner was convicted of a state crime that required an act with intent to deceive a law enforcement or peace officer, petitioner was correctly found to have committed a crime of moral turpitude and therefore was ineligible for cancellation of removal.

Petition is denied.

Adame-Hernandez v. Barr (MLW No. 73573/Case No. 17-3668 – 6 pages) (U.S. Court of Appeals, 8th Circuit, Shepherd, J.) Petition for Review of an Order of the Board of Immigration Appeals (Guy Kriss Weinstein, of Omaha, NE for petitioner; Christopher James Roth, of Omaha, NE on brief) (Alan Loveland, Jr., of Baltimore, MD for respondent)