Juana Cerpa Mendoza v. Immigration & Naturalization Service

Juana Cerpa Mendoza petitions for review of an order from the Board of Immigration Appeals (BIA). The BIA affirmed the finding of an immigration judge (IJ) that Mendoza was deportable under section 241(a)(2)(A)(i) of the Immigration and Naturalization Act, 8 U.S.C. § 1251 (a)(2)(A)(i). We deny the petition.

I.

Mendoza is a 44-year old native and citizen of Mexico. Her husband to whom she has been married for 29 years is now a lawful permanent resident alien. Two of her children are United States citizens; the remaining six are now lawful permanent resident aliens. In 1975, Mendoza entered the United States to find work, without inspection and by means of a smuggler. In March of 1979, she left the United States for three days to visit her parents who were ill. Mendoza reentered the United States without inspection, again by means of a smuggler. On September 24, 1986, she was convicted in California state court of welfare fraud committed between November 1,1981 and March 31, 1986. She was sentenced to state prison for two years.

Shortly after her release from prison, the INS charged her with deportability for having been convicted of a crime of moral turpitude committed within…