The Fourth Circuit Court of Appeals denied an individual’s request for removal cancellation. The Court explained the applicant’s criminal record disqualified them from a waiver of removal. The decision reinforced the importance of having a clean record when applying for any kind of immigration petition.

Case Details

The defendant, a native of Honduras, entered the U.S. without authorization in 2000. Years later, they were arrested and convicted of a Class 1 misdemeanor in Virginia. The Department of Homeland Security (DHS) began removal proceedings in response.

The defendant filed a waiver for removal cancellation in turn. An immigration judge (IJ) determined the defendant wasn’t eligible for removal cancellation due to their conviction. Afterwards, the defendant appealed to the Board of Immigration Appeals (BIA). Both explained the defendant was guilty of a crime of “moral turpitude” making them ineligible for removal relief. The defendant then appealed to the Fourth Circuit Court to overturn the Board’s decision.

Court Decision

After review, the Court denied any petition to overturn the Board’s decision. The court’s reasoning was twofold:

• Since the length of the crime determines ineligibility, the defendant’s claim that conviction was a misdemeanor is irrelevant.
• Any sentence conducted for twelve months exceeds the “one year or more” requirement for disqualification of removal.

Since the defendant’s sentence was twelve months, they’re ineligible for removal cancellation under federal immigration law.

As always, Immigration USA actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, we’re with you every step of the way.