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Insurance fraud is a violation of moral integrity



Anahi Jaquez-Estrada requested a review of a decision of the Bureau of Immigration Appeals (BIA) confirming a decision by an immigration judge who found her mobile to move to Mexico. In Anahi Jaquez-Estrada, v. William P. Barr No. 19-9569, United States Court of Appeals for The Tenth Circuit (August 25, 2020) after being convicted of the crime of insurance fraud, and years of litigation with the United States Jaquez-Estrada was finally deported to Mexico. She appealed the decision to the 10th Circuit Court of Appeals.

BACKGROUND

Jaquez-Estrada, a Mexican native who was taken to the United States in 1995 as a young child without admission or inspection. She is married to a US citizen and has a child with a US citizen. In February 201

5, she applied for and received relief under the Defered Action for Childhood Arrivals (DACA) program, which postponed all actions by the Department of Homeland Security (DHS) until February 2017. She received two DACA extensions until February 2018 when she pleaded guilty to two counts of insurance fraud (one offense and one offense and received a two-year suspended sentence. Before revoking her DACA status and initiating removal proceedings, she was classified as an "arriving alien" under 8 CFR § 1.2, part of the Implementing Provisions of the Immigration and Naturalization Act (INA).

Jaquez-Estrada would not give any further information, after which she submitted an application for asylum, waiver of removal and release under the Convention against Torture (CAT), and a hearing was set for March 2019. Following the March hearing, IJ denied her request for release. She appealed to the BIA, which confirmed the denial.

DISCUSSION

BIA confirmed the IJ decision in a detailed decision made by a single board member. Section 242 of the INA prescribes significant restrictions on the eligibility of claims from aliens who are deemed inadmissible because they have committed a crime with moral inalienability. No court has jurisdiction to review a final removal order against an alien who may be removed for having committed a crime covered by a crime involving moral immorality.

Jaquez-Estrada was found inadmissible for committing criminal insurance fraud. . She does not deny that fraud with criminal insurance is a crime that involves moral unrest under the INA. Instead, she claims that she is protected by the exception in the statutes. However, non-life insurance fraud is a class five offense under Colorado law, the maximum penalty exceeds imprisonment for one year. The exception in the charter is therefore not applicable and jurisdiction.

Jaquez-Estrada makes several coherent constitutional claims in connection with the denial of her twelfth request for continuation before IJ and her designation as an "arriving stranger". [19659004] To the extent that her claim to due process can be examined, they fail because there is no protected freedom or the property's interest in obtaining discretionary immigration relief, in . e . Since aliens do not have a constitutional right to enter or remain in the United States, the only protection is the minimum procedural rights for an opportunity to be heard at a meaningful time and in a meaningful way. Jaquez-Estrada does not claim, and there is no indication in the documentation, that she was denied the opportunity to be heard at a meaningful time and in a meaningful way by her removal. The Tenth Circuit therefore concluded that there was no breach of due process in her removal.

Jaquez-Estrada also claimed that she was denied due process because the BIA did not review the USCIS decision to revoke her eligibility for the Suspended Action for Childhood Arrivals (DACA) program. However, the jurisdiction of the tenth district is limited to final removal orders. The decision to extend or deny DACA status is not such an arrangement.

Allegations of Asylum, Withholding and Protection under the UN Convention against Torture

Jaquez -Estrada also argues that the BIA erred in its examination of her asylum applications, withholding of removal and protection according to CAT. These arguments do not present constitutional claims or legal issues and therefore do not overcome the field of jurisdiction. She was deported to Mexico and is no longer in the United States.

To the extent that the petition claims that Jaquez-Estrada was denied a proper trial before IJ and BIA, it is denied.

The key to this long, drawn-out, and serious immigration case – regardless of the alleged constitutional arguments – was that Jaquez-Estrada used his DACA status to commit the crime of insurance fraud, a crime of moral unrest, which required the United States to deport her. She stayed for almost three years by managing the system but could not overcome the fact that she was a criminal alien. Catalog

Catalog


© 2020 – Barry Zalma. He also acts as an arbitrator or mediator for insurance-related disputes. He practiced law in California for more than 44 years as an insurance coverage and claims lawyer and more than 52 years in the insurance business. He is available at http://www.zalma.com and zalma@zalma.com.

Mr. Zalma is the first recipient of the first annual Claims Magazine / ACE Legend Award.

For the past 52 years, Barry Zalma has devoted his life to insurance, insurance claims and the need to defeat insurance fraud. He has created the following library of books and other materials to enable insurers and their claims staff to become insured.

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