United States Seventh Circuit

Reset A A Font size: Print

Mata-Guerrero v. Holder, 10-1664

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, is granted and remanded 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.

Appellate Information

  • Argued 09/22/2010
  • Decided 11/24/2010
  • Published 11/24/2010

Judges

  • <a href="http://pview.findlaw.com/view/1849456_1">HAMILTON</a>

Court

  • United States Seventh Circuit

Counsel