NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _______________ No. 18-2262 _______________ SAMANTHA CORAL CRUZ MARTINEZ, AKA Angela Cruz, Petitioner v. ATTORNEY GENERAL OF THE UNITED STATES OF AMERICA, Respondent _______________ On Petition for Review of a Decision of the Board of Immigration Appeals (A043-793-262) Immigration Judge: Irma Lopez Defillo _______________ Submitted Under Third Circuit L.A.R. 34.1(a) January 17, 2019 ______________ Before: GREENAWAY, JR., SHWARTZ, and PORTER, Circuit Judges. (Filed: July 26, 2019) ______________ OPINION ______________ This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. PORTER, Circuit Judge. Samantha Cruz Martinez petitions this Court for review of a decision by the Board of Immigration Appeals affirming the denial by the immigration judge (“IJ”) of her motion for cancellation of removal. For the reasons discussed below, we will deny in part and dismiss in part Cruz’s petition. I Cruz is a native and citizen of Mexico. She was brought to the United States when she was a young child and was later admitted as a lawful permanent resident. She has little connection to Mexico; most of her family now lives in the United States. Cruz has had two romantic relationships, both of them abusive. Those relationships produced six children, but Cruz does not have custody over any of her children. Her parents have custody over her three oldest, her sister over the next two, and the State of New Jersey over the youngest. Cruz has a history of drug abuse and tested positive for using heroin while nursing her youngest child. She has never successfully completed a drug rehabilitation program, though she has attempted several. She has no history of steady employment and has not paid taxes. Cruz does, however, have an extensive criminal history. As a juvenile, she was charged with possession of a weapon in an educational institution. This charge was ultimately downgraded, and she was placed on probation for one year. As an adult, she has been convicted of shoplifting in 2003, aggravated assault in 2010, shoplifting again in 2010, and possession and distribution of cocaine near a school in 2014. 2 In 2017, the Department of Homeland Security initiated removal proceedings against Cruz under 8 U.S.C. § 1227(a)(2)(B)(i) and § 1227(a)(2)(A)(iii), based on Cruz’s 2014 conviction. Cruz conceded that she was removable but sought relief by moving for cancellation of removal. The IJ, sitting in Puerto Rico, heard testimony from Cruz, who was in New Jersey, by video conference on November 13 and 22, 2017. The IJ determined that Cruz’s conviction was not an aggravated felony and found that Cruz had suffered some hardships in her life. The IJ further recognized that Cruz maintained the support of family and friends in the United States but lacked family and resources in Mexico. Even so, weighing those considerations against her criminal record, her history of drug abuse, and her inability to care for her own children, the IJ concluded that Cruz was still ineligible ...
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