Cano v. Holder, No. 13-2470 (7th Cir. 2014)
Annotate this CaseCano, a citizen of Mexico, entered the U.S. without authorization in 2002. He pled guilty in Wisconsin state court in 2011 to operating a vehicle to flee or elude a police officer. About a year later, the Department of Homeland Security served him with a Notice to Appear and charged him with inadmissibility as a person present without being admitted or paroled and as an alien convicted of a crime involving moral turpitude. Cano conceded removability. He later sought reconsideration of the immigration judge’s determination that he is removable as an alien convicted of a crime involving moral turpitude, and he requested cancellation of removal under 8 U.S.C. 1229b(b). The immigration judge concluded that the Wisconsin conviction was for a crime involving moral turpitude, so Cano was not eligible for cancellation of removal. The Board of Immigration Appeals affirmed. The Seventh Circuit denied review. Citing the statute’s requirement that to be convicted a person must “knowingly” flee or attempt to elude an officer after receiving an officer’s signal, the court found the Board’s determination reasonable. Knowingly fleeing or attempting to elude an officer is an act wrong in itself and therefore a crime involving moral turpitude.
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