Garcia-Garcia
Garcia-Garcia v. Ashcroft
Opinion
Lead Opinion
MEMORANDUM ***
Manuel Garcia-Garcia petitions for review of a final order of removal by the Board of Immigration Appeals. The order summarily affirmed an immigration judge’s (“IJ”) decision denying Garcia-Garcia’s applications for cancellation of removal and voluntary departure. The IJ found Garcia-Garcia statutorily ineligible for either form of relief because he admitted violating the essential elements of a crime of moral turpitude, 42 U.S.C. § 408 (a)(7)(B) (obtaining any benefit through false representation of a social security number). See 8 U.S.C. §§ 1101(f), 1229b(b)(l)(B), 1229c(b)(l)(B). Garcia-Garcia does not challenge these rulings on appeal.
Rather, Garcia-Garcia alleges that the admissions did not comport with the relevant procedures as laid out in Matter of G-M-, 7 I. & N. Dec. 40 , 70, 1955 WL 8691 (1956). Namely, Garcia-Garcia claims that he did not comprehend 42 U.S.C. § 408 (a)(7)(B) as it was read and paraphrased to him, thus violating the requirement that “[a]n adequate definition of the crime, including all essential elements, must first be given to the alien .... [and] must be explained in understandable terms.” Matter of G-M- 7 I. & N. Dec. at 70.