By Lauren D. Emery
In Maria Guzman Pineda v. Eric Holder, Jr., an unpublished per curiam opinion released February 20, 2015, the court denied Pineda’s petition for review of an order of the Board of Immigration Appeals (BIA). Pineda sought review of the BIA’s dismissal of her appeal from an immigration judge’s denial of her application for cancellation of removal.
Can Conviction for Forgery Jeopardize One’s Immigration Proceedings?
In its proceedings, the BIA determined that a conviction for forgery of a public record was a crime involving moral turpitude and that conviction for this crime renders one ineligible for cancellation of removal.
The Fourth Circuit Grants Appropriate Deference to the Board of Immigration Appeals’ Interpretation of Immigration Law and Regulations
In its opinion, the Fourth Circuit declared that it uses de novo review when addressing questions of law while “affording appropriate deference to the [BIA]’s interpretation of the [Immigration and Nationality Act] and any attendant regulations.” Further, it declared that, unless a reasonable adjudicator would be compelled to decide otherwise, administrative findings of fact are conclusive. Upon review of the record, the Fourth Circuit determined that the BIA had substantial evidence to support its factual findings.
Court of Appeals for the Fourth Circuit Denied Petition
The Fourth Circuit upheld the BIA’s decision to deny the petition for review of the immigration judge’s denial of Pineda’s application for cancellation of removal.