Afamasaga v. Sessions, No. 17-9528 (10th Cir. 2018)
Annotate this CasePetitioner Paulo Afamasaga was a native and citizen of Samoa who entered the United States on a nonimmigrant tourist visa and remained beyond the date authorized. After he pleaded guilty to making a false statement when applying for an American passport, the Department of Homeland Security (DHS) initiated removal proceedings against him. Petitioner applied for cancellation of removal under 8 U.S.C. 1229b, but the immigration judge (IJ) deemed him ineligible on the ground that violating Section 1542 was a crime involving moral turpitude (CIMT) under the Immigration and Nationality Act (INA). The Board of Immigration Appeals (BIA) agreed and dismissed his appeal. “Exercising jurisdiction to review questions of law decided in BIA removal orders (see Flores-Molina v. Sessions, 850 F.3d 1150 (10th Cir. 2017)), the Tenth Circuit upheld the BIA’s determination that petitioner was not eligible for cancellation of removal.
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