Jose Marin-Rodriguez v. Eric Holder, Jr.
710 F.3d 734
| 7th Cir. | 2013Background
- Rodriguez, a Mexican citizen, entered the U.S. illegally in 1988 and later faced removal proceedings.
- He sought cancellation of removal due to hardship to his United States citizen children.
- An IJ concluded he was ineligible because of a 1546(a) conviction for using a fraudulent SS card to obtain/maintain employment; the Board affirmed.
- Procedural history included biometric/biographic requirements, abandonment for failure to comply, a remand, and eventual removal to Mexico.
- This court previously remanded in Marin-Rodriguez v. Holder, 612 F.3d 591 (7th Cir. 2010), noting the potential impact of the 1546(a) conviction on eligibility.
- The court ultimately holds that the agency correctly classified the conviction as involving moral turpitude.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 1546(a) conviction is a crime involving moral turpitude. | Rodriguez argues the conviction may not be MTI due to exemptions or lack of deceit. | Holder/agency contends the record shows deceitful conduct and falls within MTI. | Yes; conviction constitutes a crime involving moral turpitude. |
Key Cases Cited
- Lagunas-Salgado v. Holder, 584 F.3d 707 (7th Cir. 2009) (deception-based crimes are morally turpitudinous)
- Padilla v. Gonzales, 397 F.3d 1016 (7th Cir. 2005) (deceit/false statements within moral turpitude)
- Ali v. Mukasey, 521 F.3d 737 (7th Cir. 2008) (agency may consider evidence beyond the record to classify crimes)
- Silva-Trevino v. Holder, 24 I. & N. Dec. 687 (AG 2008) (establishes three-step framework for moral turpitude determinations)
- Omagah v. Ashcroft, 288 F.3d 254 (5th Cir. 2002) (uses of immigration documents can be morally turpitudinous)
- Beltran-Tirado v. INS, 213 F.3d 1179 (9th Cir. 2000) (congressional exemption does not universally negate moral turpitude)