Marin-Rodriguez v. Holder, No. 12-2253 (7th Cir. 2013)
Annotate this CaseRodriquez entered the U.S. illegally in 1988 and came to the attention of the Department of Homeland Security in 2005, following a misdemeanor DUI conviction. He subsequently pleaded guilty to using a fraudulent social security card, 18 U.S.C. 1546(a). He sought cancellation of removal based on hardship to his children, who are U.S. citizens, but failed to timely comply with the IJ’s request for biometrics. The IJ deemed the petition abandoned and ordered removal, after which Rodriguez provided the information. Following a remand, DHS notified the BIA that Rodriguez had been removed. BIA withdrew the remand. The Seventh Circuit remanded. An IJ then held that Rodriguez was ineligible for cancellation of removal, based on his conviction of a crime of moral turpitude (8 U.S.C. 1229b(b)(1)(C)). The BIA affirmed. The Seventh Circuit dismissed an appeal, holding that fraudulent use of a social security card is a crime involving moral turpitude.
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