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Keywords

misdemeanorcitizenship
misdemeanorcitizenship

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Blanco v. Mukasey

Facts

Blanco is a native and citizen of Argentina who has been living in the United States since 1978. In 2001, Blanco traveled to Mexico with his wife and a co-worker to deliver a truckload of furniture. He was stopped by the Border Patrol when he applied for admission into the United States. He presented a California driver's license, social security card and various membership cards to the Border Patrol agents, but did not have immigration documents. The officer at the primary inspection point suspected that Blanco had made a false claim to U.S. citizenship and referred him to secondary inspection for further questioning, which led to his being placed in detention.

Blanco is a native and citizen of Argentina who has been living in the United States since 1978. In 2001, Blanco traveled to Mexico with his wife and a co-worker to deliver a truckload of furniture. He was stopped by the Border Patrol when he applied for admission into the United States. He presented a California driver's license, social security card and various membership cards to the Border Patrol agents, but did not have immigration documents. The officer at the primary inspection point suspected that Blanco had made a false claim to U.S. citizenship and referred him to secondary inspection for further questioning, which led to his being placed in detention.

Issue

Whether Blanco was eligible for cancellation of removal given his misdemeanor conviction for false identification to a peace officer and whether the BIA erred in holding that he made a false claim to U.S. citizenship.

Whether Blanco was eligible for cancellation of removal given his misdemeanor conviction for false identification to a peace officer and whether the BIA erred in holding that he made a false claim to U.S. citizenship.

Rule

A crime involves moral turpitude if the generic elements of the crime show that it involves conduct that is base, vile, or depraved and violates accepted moral standards. The categorical and modified categorical approaches are applied to determine if a conviction qualifies as a crime involving moral turpitude.

A crime involves moral turpitude if the generic elements of the crime show that it involves conduct that is base, vile, or depraved and violates accepted moral standards. The categorical and modified categorical approaches are applied to determine if a conviction qualifies as a crime involving moral turpitude.

Analysis

The court analyzed whether Blanco's conviction for false identification to a peace officer constituted a crime involving moral turpitude. It concluded that the crime did not require fraudulent intent under California law, and therefore, it was not categorically a crime involving moral turpitude under 1182(a)(2). The court also found that the BIA's determination that Blanco made a false claim to citizenship was supported by substantial evidence.

The court analyzed whether Blanco's conviction for false identification to a peace officer constituted a crime involving moral turpitude. It concluded that the crime did not require fraudulent intent under California law, and therefore, it was not categorically a crime involving moral turpitude under 1182(a)(2). The court also found that the BIA's determination that Blanco made a false claim to citizenship was supported by substantial evidence.

Conclusion

The petition was granted with regard to cancellation of removal and the case was remanded so that the BIA could determine whether the alien should be afforded any discretionary relief. The petition was denied in all other respects.

The petition was granted with regard to cancellation of removal and the case was remanded so that the BIA could determine whether the alien should be afforded any discretionary relief. The petition was denied in all other respects.

Who won?

Blanco prevailed in part, as the court granted his petition regarding cancellation of removal due to the flawed moral turpitude finding.

Blanco prevailed in part, as the court granted his petition regarding cancellation of removal due to the flawed moral turpitude finding.

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