Nino v. Holder, No. 11-60314 (5th Cir. 2012)
Annotate this CasePetitioner, a native and citizen of Mexico, entered in the United States in 1999. She had authorization to remain for a temporary period, not to exceed six months, but she remained beyond that period without authorization. In 2007 Petitioner was convicted of unlawful possession of fraudulent identifying information. The Department of Homeland Security then charged Petitioner with removability as an alien who remained in the United States for a time longer than permitted. Petitioner filed an application for cancellation of removal for nonpermanent residents, which an immigration judge denied. The Board of Immigration Appeals dismissed Petitioner's appeal. The Fifth Circuit Court of Appeals denied Petitioner's petition for review, holding (1) Petitioner's ineligibility for cancellation of removal depended solely on whether her prior state-court conviction was for a crime involving moral turpitude; and (2) Petitioner's offense was one of moral turpitude, and therefore, Petitioner was ineligible for cancellation of removal.
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