Graciela Hernandez De Martinez v. Eric Holder, Jr.

Graciela Hernandez de Martinez, a native and citizen of Mexico, petitions for review of a final order of removal. The Board of Immigration Appeals held that petitioner is statutorily ineligible for cancellation of removal because her conviction for criminal impersonation in violation of Arizona Revised Statutes § 13-2006(A)(1) is categorically a crime involving moral turpitude. We agree because the statute explicitly requires proof of fraudulent intent.

Petitioner, a native and citizen of Mexico, entered the United States in 1999 without being admitted or paroled. On March 18, 2011, petitioner pled guilty to and was convicted of criminal impersonation in violation of A.R.S. § 13-2006(A)(1). The statute reads as follows: “A person commits criminal impersonation by ... [assuming a false identity with the intent to defraud another.” Criminal impersonation is a Class 6 felony. Petitioner was sentenced to one year of probation.

The subsequent notice to appear in immigration proceedings alleged that petitioner was removable pursuant to 8 U-S.C. § 1182(a)(6)(A)(i) for being present in the United States without being admitted or paroled, and pursuant to 8 U.S.C. § 1182…