United States Second Circuit

In a petition for review of the BIA's decision affirming an Immigration Judge's (IJ) denial of cancellation of removal on the grounds that petitioners lacked moral character under the "catchall" provision of 8 U.S.C. section 1101(f), the petition is denied where: 1) the court had jurisdiction because petitioners raised constitutional claims or questions of law; but 2) intent to commit misconduct was relevant to an IJ's decision that a petitioner lacks good moral character; and 3) misrepresenting a "substantial sum" on a tax return may certainly be a factor in the IJ's moral character determination.

Appellate Information

• Argued 03/12/2009
• Decided 04/07/2010
• Published 04/07/2010

Judges

• CALABRESI, Circuit Judge:, Before: CALABRESI and LIVINGSTON, Circuit Judges, and RESTANI, Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Edward J. Cuccia, Ferro & Cuccia, New York, N.Y., for Petitioners.


• For Appellees:
  
• P. Michael Truman, Trial Attorney, for Michelle Gorden Latour, Assistant Director, Office of Immigration Litigation, and Jeffrey S. Bucholtz, Acting Assistant Attorney General, Civil Division, United States Department of Justice, Washington, D.C., for Respondent.