Rodriguez-Heredia v. Holder, Jr., No. 10-9531 (10th Cir. 2011)
Annotate this CasePetitioner Felix Sanchez Rodriguez-Heredia, a Mexican national, petitioned the Tenth Circuit to review two decisions of the Board of Immigration Appeals (BIA). One decision, a request for a change in Petitioner's custody status, was dismissed as moot, because Petitioner was deported while waiting for this appeal. The second decision involved the order to remove him from the United States. Petitioner argued that he was not eligible for removal based on his conviction of a crime involving moral turpitude because he received nothing "of value" in perpetration of the crime. Specifically, Petitioner argued that a social security number was not like a good or service that constituted something of value that could be taken under Utah state law. Petitioner used another person's social security number in order to gain employment. The BIA found that Petitioner's fraud involved a crime of moral turpitude, and recommended his removal. Upon review, the Tenth Circuit found that because the state law required fraudulent intent in all circumstances regardless of whether anything of "value" was obtained, the law categorically described a crime involving moral turpitude. The Court upheld the BIA's order for Petitioner's removal.
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