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Mata-Guerrero v. Holder, 10-1664

By FindLaw Staff on November 24, 2010 3:54 PM

Petition for review a denial of Mexican citizen's application for a 212(c) waiver

Mata-Guerrero v. Holder, 10-1664, concerned a Mexican citizen's petition for review of the BIA's affirmance of an IJ's denial of petitioner's application for a 212(c) waiver, on the ground that petitioner's failure to register as a sex offender was a crime of moral turpitude.

In granting the petition, the court remanded the matter for the BIA to determine whether petitioner's conviction under Wisconsin Statute section 301.45(2)(a) was a crime of moral turpitude using the individualized inquiry required by the Attorney General in Silva-Trevino.  If it is determined that petitioner's conviction was not a crime of moral turpitude, petitioner is entitled to have the government exercise its discretion based on his individual circumstances in deciding whether to grant him a section 212(c) waiver.

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