Ct. of Appeals granted alien’s petition for review of Bd.’s order, which affirmed IJ’s denial of alien’s application for cancelation of removal, where: (1) said removal was based on alien’s conviction under 42 USC section 408(a)(7)(B) for use of false social security number in order to work for employer; and (2) IJ and Bd. found that said conviction was crime of moral turpitude that precluded alien from obtaining any cancelation of removal relief. Ct. doubted that said offense was categorically crime of moral turpitude in all factual settings, and in any event, remand was required, since: (1) framework used by IJ and Bd. under Silva-Trevino I was subsequently vacated by Attorney General, and thus reconsideration was warranted under new framework/standard; and (2) it is uncertain under any new framework whether IJ and Bd. will be able to look beyond elements of alien’s offense in order to find that said offense is crime of moral turpitude.
Federal 7th Circuit Court
Civil Court
Immigration