Hernandez de Martinez v. Holder

Summarized by:

  • Court: 9th Circuit Court of Appeals Archives
  • Area(s) of Law: Immigration
  • Date Filed: 10-24-2014
  • Case #: 11-72401
  • Judge(s)/Court Below: Per Curiam; Circuit Judges Nelson, Silverman, and Smith, Jr.
  • Full Text Opinion

A conviction for criminal impersonation by assuming a false identity with intent to defraud is categorically a crime involving moral turpitude.

Petitioner, Gabriela Hernandez de Martinez ("Hernandez"), a native and citizen of Mexico, entered the United States in 1999 without being admitted or paroled. Hernandez pled guilty to and was convicted of criminal impersonation on March 18, 2011. The statute provided: “A person commits criminal impersonation by . . . [a]ssuming a false identity with the intent to defraud another.” Hernandez was found to be removable in a subsequent removal proceeding but contested that the conviction was not a crime involving moral turpitude and therefore she was eligible for cancellation of removal. The Immigration Judge ("IJ") and the Board of Immigration Appeals ("BIA") found that petitioner's conviction was a crime involving moral turpitude and was ineligible for cancellation of removal. Hernandez appealed to the Ninth Circuit on the grounds that "her conviction [did] not categorically involve moral turpitude because she used a false Social Security number only to obtain employment, not for anything more nefarious." The Ninth Circuit held that "crimes requiring proof of an 'intent to defraud' necessarily involve moral turpitude." PETITION FOR REVIEW DENIED.

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