Romina Phillip-Valladares v. Loretta E. Lynch

MEMORANDUM

Petitioner Romina Phillip-Valladares is a native and citizen of Argentina. She was admitted into the United States on a visitor’s visa in August 1984. In 2003, Phillip-Valladares pleaded nolo contendré to grand theft in violation of California Penal Code § 487(a). The Department of Homeland Security issued Notices to Appear charging Phillip-Valladares with inadmissibility under 8 U.S.C. § 1182 (a)(6)(A)(I) and removability under 8 U.S.C. § 1227 (a)(1)(B).

Phillip-Valladares sought cancellation of removal pursuant to 8 U-S.C. § 1229b(b)(l). An immigration judge (“U”) denied Phillip-Valladares’s application, finding that she was convicted of a crime involving moral turpitude for which a sentence of one year or longer may be imposed. The IJ therefore concluded that 8 U.S.C. § 1227 (a)(2) applied, making her ineligible for cancellation of removal regardless of whether she was eligible for the petty-offense exception under 8 U.S.C, § 1182(a)(2)(A)(ii)(II). The Board of Immigration Appeals (“BIA”) affirmed the IJ’s decision. Phillip-Valladares now appeals the BIA’s decision. Reviewing de novo, we affirm.

Phillip-Valladares argues that the BIA improperly relied on its panel…