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192290P.pdf 01/04/2021 Myrna Herrera Gonzalez v. Jeffrey A. Rosen
U.S. Court of Appeals Case No: 19-2290
Petition for Review of an Order of the Board of Immigration Appeals
[PUBLISHED] [Colloton, Author, with Gruender and Grasz, Circuit Judges]
Petition for Review - Immigration. Where there were alternative means by
which the Department of Homeland Security could seek her removal, the
Department could pursue either means and was not obligated to pursue the
means which was most advantageous to petitioner; because the Department
chose to rely on a claim that petitioner had committed crimes involving
moral turpitude, rather than the alternative claim that petitioner had
committed fraud in obtaining an adjustment of status, the Board correctly
determined that petitioner was not eligible for fraud waiver; withdrawal
of the fraud charge did not violate petitioner's due process rights.