Cupete v. Garland, No. 20-3441 (2d Cir. 2022)
Annotate this CaseThe Second Circuit concluded that, under its precedents, there can be no doubt that a Notice to Appear that omits information regarding the time and date of the initial removal hearing is nevertheless adequate to vest jurisdiction in the Immigration Court, so long as a notice specifying this information is later sent to the alien. The court also concluded that using a false document in connection with petitioner's application for a U.S. passport, in violation of 18 U.S.C. 1001(a), requires that an offender make a material misrepresentation with the intent to impair the efficiency and lawful functioning of the government, and thus it is a crime involving moral turpitude that renders petitioner ineligible for cancellation of removal under 8 U.S.C. 1229b. Accordingly, the court denied the petition for review of the BIA's decision affirming the IJ's denial of petitioner's motion to terminate removal proceedings and his application for cancellation of removal.
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