Norka Blackwell-Hill v. Loretta E. Lynch

MEMORANDUM

Norka Blackwell-Hill, a citizen of Bulgaria, petitions for review of an order by the Board of Immigration Appeals (“BIA”) affirming the decision of an immigration judge (“IJ”) to deny her application for special rule cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252 . We grant and remand the petition for review in part and deny the petition in part.

Blackwell-Hill was admitted to the United States on a B-2 nonimmigrant visa in September 1998. Her visa expired in early 1999. In February 1999, Blackwell-Hill was convicted of “solicitation for [the] purpose of prostitution” in Las Vegas, Nevada. In December 2004, Blackwell-Hill was convicted of “soliciting prostitution” in Las Vegas Township Justice Court.

In November 2009, the Department of Homeland Security initiated removal proceedings against Blackwell-Hill, charging that she was subject to deportation under 8 U.S.C. § 1227 (a)(1)(B) as an alien who had overstayed her visa. At an immigration court removal hearing held in Las Vegas on January 20, 2010, Blackwell-Hill conceded that she had overstayed her visa and was present in the United States “illegally.” Based on these admissions, the IJ…