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NINO v. HOLDER

No. 11-60314.

690 F.3d 691 (2012)

Maria Angelica Banda NINO, Petitioner, v. Eric H. HOLDER, Jr., U.S. Attorney General, Respondent.

United States Court of Appeals, Fifth Circuit.

August 13, 2012.

Attorney(s) appearing for the Case

Nicolas Chavez (argued), Chavez & Valko, L.L.P., Dallas, TX, Elisabeth S. Brodyaga (argued), San Benito, TX, for Petitioner.

Sheri Robyn Glaser , Trial Atty. (argued), U.S. Dept. of Justice, OIL, Civ. Div., Tangerlia Cox , James Adelbert Hurley , U.S. Dept. of Justice, OIL, Washington, DC, for Respondent.

Peter L. Markowitz , Benjamin N. Cardozo School of Law, New York City, for Catholic Charities of Dallas, Inc., Imm. and Legal Services, Immigrant Defense Project, Nat. Imm. Project of the Nat. Lawyer's Guild, Stuart H. Smith Law Clinic and Center for Social Justice at Loyola New Orleans College of Law, and Kathryn O. Greenberg Imm. Justice Clinic at the Benjamin N. Cardozo School of Law, Amici Curiae.

Before STEWART, ELROD and SOUTHWICK, Circuit Judges.

LESLIE H. SOUTHWICK, Circuit Judge:

Maria Angelica Banda Nino petitions for review of the Board of Immigration Appeals' decision that she was ineligible for cancellation of removal. We conclude that Banda's ineligibility depends solely on whether her prior state-court conviction was for a crime involving moral turpitude. It was. We therefore DENY her petition.

FACTUAL AND PROCEDURAL BACKGROUND

Banda, a native and citizen of Mexico, entered the United...

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