Dominguez-Herrera v. Sessions, No. 15-3457 (8th Cir. 2017)Annotate this Case
Petitioners Hernandez-Martinez and Dominguez-Herrera, non-permanent residents of the United States and a married couple, sought review of the denial of their consolidated applications for cancellation of removal under section 240A(b) of the Immigration and Nationality Act (INA), 8 U.S.C. 1229b(b)(1). The court concluded that petitioners failed to meet their burden under the REAL ID Act, 8 U.S.C. 1229a(c)(4), to establish their eligibility for cancellation of removal where both petitioners have committed a crime involving moral turpitude. In this case, Hernandez-Martinez had been convicted of theft in the municipal court of Hutchinson, Kansas, and Dominguez-Herrera had been convicted of theft in the municipal court of Great Bend, Kansas, which was a criminal offense, and the crimes were punishable by a year or more in prison. Accordingly, the court denied the petition for review.