Background
Alicia Hernandez-Mendez, a Mexican citizen who entered the United States illegally in two thousand and one, sought cancellation of removal. In two thousand and twelve, she pleaded guilty to felony identity fraud under Ohio law for using another person’s identification as her own. The immigration judge denied her application for cancellation of removal because the conviction made her ineligible. The Board of Immigration Appeals affirmed the decision.
The court’s reasoning
The court reviewed the Board’s decision de novo for legal conclusions and for substantial evidence on factual findings. The court held that the Ohio identity fraud statute requires proof of knowing possession of false identification with corrupt intent to use it, which inherently involves deception. Under Sixth Circuit precedent, crimes involving deception qualify as crimes involving moral turpitude. The court also affirmed the denial of the continuance request, noting that Hernandez-Mendez failed to show good cause for waiting eight years to challenge her conviction after being reminded of its potential consequences.
What it means going forward
The ruling reinforces that identity fraud convictions, even without explicit statutory language requiring fraudulent intent, disqualify immigrants from cancellation of removal if the offense inherently involves deception. It also clarifies that delays in challenging prior convictions can preclude continuance requests in immigration proceedings.
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