Cancellation of removal cases are seldom successful when an immigrant is convicted of a crime “involving moral turpitude.”
However, the U.S. Court of Appeals ruled that the Board of Immigration Appeals was incorrect in a recent ruling. It decided an undocumented immigrant wasn’t eligible for cancellation of removal because she used a fake Social Security number to work in the United States.
The U.S. Court of Appeals for the Seventh Circuit ruled on the case of Arias v. Lynch in August.
The case concerned the Immigration and Nationality Act. Under this legislation, the attorney general has the discretion to cancel the pending removal of an undocumented immigrant from the country unless the immigrant has been convicted of a “crime involving moral turpitude.”
Under the Immigration and Nationality Act, the attorney general has the discretion to cancel an undocumented immigrant’s removal. But there are exceptions. A key one is when the immigrant is convicted of a “crime involving moral turpitude.”
The Seventh Circuit held the Board of Immigration Appeals was incorrect. The board concluded the law relating to fake SSI numbers involves moral turpitude in all instances and negated cancellation of removal.
The decision was not a complete victory for the undocumented immigrant. The 2-1 decision suggested an undocumented immigrant who used a fake SSI number to pay taxes and support his or her family. However, the case was sent back to the Board of Immigration Appeals for reconsideration.
What is Cancellation of Removal?
Cancellation or removal is also called cancellation of deportation. Our Austin immigration attorneys write about it in more detail here.
There is a traditional form of cancellation of removal or deportation for a non-permanent resident or cancellation for an abused and a non-permanent immigrant.
Our attorneys have won many cancellation of removal cases. Our successes include the case of an undocumented immigrant arrested for assault. We were successful in securing cancellation of removal. In the case, we pointed out his wife, a U.S. citizen, was chronically ill and three children depended on him.
The term “moral turpitude” has been used loosely in the law and attempts to get a clear definition have failed.
However, the lack of clarity in the law means you should hire the services of an experienced Austin immigration attorney in cancellation of removal cases. Contact Peek & Toland here.