Hoo Lee v. Eric Holder, Jr.

MEMORANDUM

Yong Bun Lee petitions for review of the Board of Immigration Appeals’ denial of her applications for adjustment of status and waiver of inadmissibility. We deny the petition in part, and dismiss for lack of jurisdiction in part.

(1) The BIA determined that without a waiver of inadmissibility, Lee was not eligible for adjustment of status because she had committed a crime involving moral turpitude, which rendered her inadmissible. See 8 U.S.C. § 1255 (a)(2); 8 U.S.C. § 1182 (a)(2)(A)(i)(I). She claims the BIA erred in so doing. We disagree. She had pled guilty to and was sentenced for visa fraud; she had knowingly used a false and fraudulent R-l visa in order to obtain a social security number card from the United States government. While that offense is not a crime involving moral turpitude as a categorical matter, when the modified categorical approach is applied, it is apparent that her particular crime was a crime involving moral turpitude. She, therefore, was not eligible for adjustment of status, absent a waiver.

(2) The BIA also determined that Lee was not eligible for a waiver of inadmissibility because the evidence did not show that her son would suffer…