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Cano-Oyarzabal v. Holder

United States Court of Appeals, Seventh Circuit

December 22, 2014

PEDRO CANO-OYARZABAL, Petitioner,
v.
ERIC H. HOLDER, JR., Attorney General of the United States, Respondent

Argued January 6, 2014

Petition for Review of an Order of the Board of Immigration Appeals. No. A205-153-710.

For Pedro Cano-Oyarzabal, Petitioner: Matthew Scott Kriezelman, Attorney, Kriezelman Burton & Associates, Chicago, IL.

For ERIC H. HOLDER, JR., Attorney General of the United States, Respondent: David V. Bernal, Attorney, Yedidya Cohen, Attorney, OIL, Attorney, Department of Justice, Civil Division, Immigration Litigation, Washington, DC.

Before EASTERBROOK, WILLIAMS, and TINDER, Circuit Judges.

OPINION

Page 915

Williams, Circuit Judge.

Pedro Cano-Oyarzabal petitions for review of the determination that his Wisconsin conviction for fleeing or eluding a police officer in violation of Wisconsin Statute § 346.04(3) categorically constituted a crime involving moral turpitude. In light of the statute's requirement that to be convicted a person must " knowingly" flee or attempt to elude an officer after receiving an officer's signal, we find the Board's determination reasonable. Knowingly fleeing or attempting to elude an officer is an act wrong in itself and therefore a crime involving moral turpitude. We decline the petition for review.

I. BACKGROUND

Cano-Oyarzabal, a citizen of Mexico, entered the United States without authorization in September 2002. He pled guilty in Wisconsin state court on August 2, 2011 to operating a vehicle to flee or elude a police officer in violation of Wisconsin Statute § 346.04(3). About a year later, the Department of Homeland Security served him with a Notice to Appear in immigration court. It charged him with inadmissibility as a person present in the United States without being admitted or paroled and as an alien convicted of a crime involving moral turpitude.

Cano-Oyarzabal conceded removability. He later sought reconsideration of the immigration judge's determination that he is removable as an alien convicted of a crime involving moral turpitude, and he requested cancellation of removal pursuant to 8 U.S.C. § 1229b(b). The immigration judge concluded that the Wisconsin conviction was for a crime involving moral turpitude and so Cano-Oyarzabal was not eligible for cancellation of removal. The Board of Immigration Appeals affirmed. Cano-Oyarzabal petitions our court for review.

II. ANALYSIS

Cano-Oyarzabal petitions us for review of the Board's determination that he was convicted of a crime involving moral turpitude. Because the Board issued its own free-standing opinion, rather than adopting or supplementing the opinion of the immigration judge, our review will be of the Board's opinion. Sanchez v. Holder, 757 F.3d 712, 717 (7th Cir. 2014).

The Immigration and Nationality Act provides that an alien convicted of a " crime involving moral turpitude" is inadmissible. 8 U.S.C. § 1182(a)(2)(A)(i)(I). A conviction for such a crime also makes one ineligible for cancellation of removal, subject to exceptions not relevant here. 8 U.S.C. § 1229b(b)(1)(C). We usually do not have jurisdiction to review the denial of a discretionary grant of relief such as the cancellation of removal Cano-Oyarzabal seeks. See 8 U.S.C. ยง 1252(a)(2)(B)(i). We have jurisdiction, however, to review questions of law or ...


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