NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ________________ No. 19-2355 ________________ ILMA ALEXANDRA SORIANO NUNEZ, Petitioner v. ATTORNEY GENERAL OF THE UNITED STATES OF AMERICA, Respondent ________________ On Petition for Review of a Final Order of the Board of Immigration Appeals (A216-545-029) Immigration Judge: Alice Song Hartye ________________ Submitted Under Third Circuit L.A.R. 34.1(a) March 10, 2020 Before: McKEE, AMBRO, and PHIPPS, Circuit Judges (Opinion filed: March 17, 2020) ________________ OPINION* ________________ AMBRO, Circuit Judge, * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. Petitioner Ilma Alexandra Soriano Nunez seeks our review of the dismissal of her appeal by the Board of Immigration Appeals (“BIA”). The Immigration Judge (“IJ”) denied Soriano Nunez’s application for cancellation of removal and denied the motions to remand or continue her removal proceedings to await the disposition of her criminal proceedings. The BIA affirmed. For the reasons stated below, we deny the petition for review. I. Facts and Procedural History A. Background Soriano Nunez is a native and citizen of the Dominican Republic who has lived in the United States since 1999. According to the Form I-213 (“Record of Deportable/Inadmissible Alien”) submitted by the Department of Homeland Security (“DHS”), there is no record of her having been inspected and admitted. In February 2018, Soriano Nunez was charged with passport fraud, falsely representing herself as a U.S. citizen, Social Security fraud, production of a fraudulent identification document, and aiding and abetting. She subsequently pleaded guilty to all charges. B. Removal Proceedings Before the IJ In March 2018, DHS issued a Notice to Appear charging Soriano Nunez as removable under the Immigration and Nationality Act (“INA”) § 212(a)(6)(A)(i), 8 U.S.C. § 1182(a)(6)(A)(i), as an alien present in the United States without being admitted or paroled, and INA § 212(a)(6)(C)(ii), 8 U.S.C. § 1182(a)(6)(C)(ii), as an alien who falsely represented herself as a citizen of the United States. 2 Soriano Nunez first appeared for removal proceedings in May 2018. She invoked her Fifth Amendment right to remain silent because of her criminal proceedings. She did not testify but did, however, deny all allegations and the charge of removability. The IJ sustained Soriano Nunez’s charge of removability and denied her motion to continue the immigration proceedings to allow for the conclusion of her federal prosecution. In August 2018, Soriano Nunez appeared before a new IJ, continued to claim her Fifth Amendment privilege, and objected to the evidence submitted by DHS. That IJ declined to sustain the charge under § 212(a)(6)(C)(ii) (falsely representing to be a citizen), but granted DHS leave to submit additional evidence. In January 2019, Soriano Nunez appeared before yet another IJ. The IJ admitted into evidence, over Soriano Nunez’s hearsay objections, her application for cancellation of removal under § 240A(b) of the INA, 8 U.S.C. § 1229b(b), her Form I-213, and DHS’s affidavit from a Department of State special agent. The IJ ruled that the evidence submitted by DHS was ...
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