Martinez-Leiva v. Holder
484 F. App'x 164
9th Cir.2012Background
- Martinez-Leiva, a Costa Rican national, is removable for two crimes involving moral turpitude (CIMTs) not arising from a single scheme of misconduct.
- In 1994, he pled guilty to three counts of felony insurance fraud; in 2005, he pled guilty to two counts of felony insurance fraud, all for fraudulent statements to obtain benefits.
- The 1994 and 2005 pleas/charges involved making fraudulent or knowingly false statements to obtain workers’ compensation benefits.
- The BIA affirmed the IJ’s removability finding and denied relief—cancellation of removal and a § 212(c) waiver.
- Martinez-Leiva sought review, challenging due process and the removability/dismissal determinations.
- The court denied the petition, holding Martinez-Leiva ineligible for cancellation of removal and for a § 212(c) waiver, and affirming removability.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Due process prejudice from IJ’s explanation | Martinez-Leiva argues lack of full explanation prejudiced him | Defendant contends any prejudice requirement not met by record | Prejudice not shown; no impact on outcome |
| Reliance on abstract of judgment for CIMTs/aggravated felony | Martinez-Leiva challenged reliance on judgment abstract | BIA properly relied on abstract to confirm CIMTs and aggravated felony | Acceptable reliance; convictions support CIMTs and aggravated felony |
| Exhaustion and removability finding | Martinez-Leiva exhausted remedies re removability | Record supports removability for two CIMTs | Removability affirmed |
| Eligibility for § 212(c) waiver | Waiver available pre-repeal; he pled guilty after 1996 | Waiver ineligible due to post-1996 conviction | Ineligible for § 212(c) waiver |
| Eligibility for cancellation of removal | Potential eligibility via discretionary relief | Conviction for fraud with >$10,000 loss bars cancellation | Ineligible for cancellation of removal |
Key Cases Cited
- Jacinto v. INS, 208 F.3d 725 (9th Cir. 2000) (prejudice required for a due process claim)
- Agyeman v. INS, 296 F.3d 871 (9th Cir. 2002) (prejudice standard in removal proceedings)
- Kwong v. Holder, 671 F.3d 872 (9th Cir. 2011) (reliance on abstract of judgment for CIMT/aggravated felony)
- Tijani v. Holder, 628 F.3d 1071 (9th Cir. 2010) (intent to defraud implicit where false statements for value)
- Blanco v. Mukasey, 518 F.3d 714 (9th Cir. 2008) (CIMT where false statements to obtain something of value)
- Peng v. Holder, 673 F.3d 1248 (9th Cir. 2012) (§ 212(c) waiver ineligibility after repeal)
- Vizcarra-Ayala v. Mukasey, 514 F.3d 870 (9th Cir. 2008) (exhaustion regards removability issues)