Munoz-Rivera v. Wilkinson, No. 19-60376 (5th Cir. 2021)
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The Fifth Circuit dismissed the petition for review, holding that the use of an unauthorized social security number, in violation of 42 U.S.C. 408(a)(7)(B), constitutes a crime involving moral turpitude (CIMT) such that petitioner is ineligible for cancellation of his removal to Mexico.
Reviewing de novo, the court explained that, under Fifth Circuit precedent, a section 408(a)(7)(B) offense categorically constitutes a CIMT because it necessarily involves intentional deception. The court concluded that the offender's deceptive intent is dispositive. Even assuming arguendo that the conviction requires a further aggravating element beyond deceptive intent, the court was satisfied that such an element is present where a conviction under section 408(a)(7)(B) necessarily involves conduct that obstructs the function of government. Therefore, petitioner's application for cancellation of removal is pretermitted.
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