Palma-Martinez v. Lynch, No. 14-1866 (7th Cir. 2015)
Annotate this CaseMartinez is a native of Guatemala. He became a lawful permanent resident in 2007. In 2011, he pleaded guilty to conspiracy to knowingly transfer a false identification document, 18 U.S.C. 1028(f). In 2013, the government commenced removal proceedings for having committed a crime of moral turpitude within five years after admission, 8 U.S.C. 1227(a)(2)(A)(i). Martinez admitted the allegations, but requested a continuance because he had filed a motion to set aside and vacate his conviction. He also argued that he was eligible for a stand-alone waiver of inadmissibility under 8 U.S.C. § 1182(h). The IJ ordered that Martinez be removed because he had not demonstrated good cause for a continuance and was ineligible for a waiver. The BIA affirmed. The Seventh Circuit denied a petition for review. Pending collateral attack is not good cause because its tentative nature does not affect the finality of the conviction for immigration purposes. Martinez admitted that he waived any claim to ineffective assistance of counsel, that he understood his guilty plea could affect his immigration status, and that his attorney advised him of this.
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