Mendoza-Saenz v. Sessions, No. 16-1256 (8th Cir. 2017)
Annotate this CasePetitioner, a native and citizen of Mexico, challenged the BIA's decision affirming the IJ's finding that he was not eligible for cancellation of removal or voluntary departure because he had a prior criminal conviction for a crime involving moral turpitude (CIMT). The Eighth Circuit denied the petition for review, holding that the BIA did not err by affirming the IJ's finding that petitioner had a conviction for Aggravated Forgery and that he was ineligible for cancellation of removal. The court held that petitioner's probation, community service, and fines constitute court-imposed penalties under 8 U.S.C. 1101(a)(48).
Court Description: Per Curiam - Before Loken, Colloton and Kelly, Circuit Judges] Petition for Review - Immigration. Petitioner's probation, community service and fines constituted court-imposed penalties under 8 U.S.C. Section 1101(a)(48), and the BIA did not err in affirming the IJ's finding that petitioner has a conviction for aggravated forgery, a crime involving moral turpitude, and that he was ineligible for cancellation of removal.
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