Angeles Hernandez-Pulido v. Eric Holder, Jr.

MEMORANDUM

Angeles Hernandez-Pulido, a native and citizen of Mexico, petitions for review of the decision of the Board of Immigration Appeals (BIA) affirming the decision of the Immigration Judge (IJ) denying her applications for cancellation of removal, withholding of removal, and relief under the Convention Against Torture (CAT). We have jurisdiction pursuant to 8 U.S.C. § 1252 . Because the BIA adopted the IJ’s decision while adding its own reasons, we review both decisions. Nuru v. Gonzales, 404 F.3d 1207, 1215 (9th Cir.2005). We deny the petition.

1. The BIA and IJ did not err in finding Hernandez statutorily ineligible for cancellation of removal. Hernandez admitted through counsel during proceedings before the IJ that she was convicted in 1999 of welfare fraud under Cal. Welf. & Inst.Code § 10980(c). This offense is a crime involving moral turpitude because intent to defraud is an element of the offense. See In re Cortez, 25 I. & N. Dec. 301, 306 (BIA 2010). Hernandez is therefore ineligible for cancellation. See 8 U.S.C. § 1229b(b)(1)(C); 8 U.S.C. § 1227 (a)(2)(A)®.

2. Nor did the BIA and IJ err in determining that Hernandez is ineligible for withholding of removal.…