Dominguez-Herrera v. Sessions, No. 15-3457 (8th Cir. 2017)
Annotate this CasePetitioners 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.
Court Description: Kelly, Author, with Riley, Chief Judge, and Wollman, Circuit Judge] Petition for Review - Immigration. Petitioners failed to meet their burden under the REAL ID Act to establish their eligibility for cancellation of removal, and the petition for review is denied; both petitioners were convicted of criminal offenses punishable by a year in prison and involving crimes of moral turpitude; petitioner Dominguez-Herrera's conviction for theft under Kan. Stat. Ann Section 21-3701 qualified as a criminal offense.
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