GARCIA-HERNANDEZ
Citations
- 23 I. & N. Dec. 590
Syllabus
GARCIA-HERNANDEZ, 23 I&N Dec. 590 (BIA 2003) ID 3490 (PDF) (1) An alien who has been convicted of a crime involving moral turpitude that falls within the petty offense exception in section 212(a)(2)(A)(ii)(II) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(2)(A)(ii)(II) (1994), is not ineligible for cancellation of removal under section 240A(b)(1)(C) of the Act, 8 U.S.C. § 1229b(b)(1)(C) (Supp. IV 1998), because he has not been convicted of an offense under section 212(a)(2) of the Act. (2) An alien who has committed a crime involving moral turpitude that falls within the petty offense exception is not ineligible for cancellation of removal under section 240A(b)(1)(B) of the Act, because commission of a petty offense does not bar the offender from establishing good moral character under section 101(f)(3) of the Act, 8 U.S.C. § 1101(f)(3) (Supp. IV 1998). (3) An alien who has committed more than one petty offense is not ineligible for the petty offense exception if only one crime is a crime involving moral turpitude. (4) The respondent, who was convicted of a crime involving moral turpitude that qualifies as a petty offense, was not rendered ineligible for cancellation of removal under section 240A(b)(1) of Act by either his conviction or his commission of another offense that is not a crime involving moral turpitude.
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