Case: 17-14565 Date Filed: 08/09/2018 Page: 1 of 10 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 17-14565 Non-Argument Calendar ________________________ Agency No. A089-362-139 MARIA ISABEL ALVARADO HUERTA, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ________________________ Petition for Review of a Decision of the Board of Immigration Appeals ________________________ (August 9, 2018) Before WILLIAM PRYOR, FAY and ANDERSON, Circuit Judges. PER CURIAM: Case: 17-14565 Date Filed: 08/09/2018 Page: 2 of 10 Maria Isabel Alvarado Huerta petitions for review of the Board of Immigration Appeals’ (“BIA”) order affirming the Immigration Judge’s (“IJ”) denial of her cancellation of removal application as a matter of discretion. We dismiss the petition for lack of jurisdiction. I. BACKGROUND Huerta, a citizen of Mexico, was born in 1985, has never been married, and has four minor children. 1 Huerta first entered the United States in March 1989 without being admitted or paroled after inspection by an immigration officer. In March 2003, Huerta attempted to re-enter the United States at a Texas port-of- entry and falsely claimed to be a U.S. citizen. In August 2003, Huerta again attempted to re-enter the United States at the same Texas port-of-entry. According to a Form I-213, Huerta was driving a car and told a border patrol officer that she was a U.S. citizen; Huerta was instructed to proceed to a secondary inspection point but she instead drove through the checkpoint without being inspected. Huerta has been arrested four times while in the United States. She was first arrested in 2001 for shoplifting from Macy’s; the department store declined to press charges. Huerta was arrested a second time in 2002 for trespassing; the charges once again were dropped. Huerta was arrested a third time in 2007 for driving under the influence (“DUI”). At the immigration hearing, Huerta testified 1 At the time of the hearing in February 2015, Huerta had three children and was pregnant with her fourth child. Her eldest son had been diagnosed with dyslexia and autism. 2 Case: 17-14565 Date Filed: 08/09/2018 Page: 3 of 10 that her brother was driving the car as they left a club but she switched seats with him when they were pulled over so that he would not get in trouble for underage drinking. Her younger sister, who was 13 years old at the time, was in the back seat of the car. According the state-court judgment, Huerta was sentenced to six months of imprisonment; however, the state court suspended Huerta’s sentence and placed her on six months of community supervision. 2 She was arrested for a fourth time in 2012 for domestic violence involving her partner at the time, Raphael Delgado. During an argument, Delgado hit Huerta and then she struck him with a skateboard five times. The charges were dropped when both parties refused to press charges. In December 2012, Huerta was issued a notice to appear (“NTA”) by the Department of Homeland Security. The NTA alleged that Huerta: (1) was not a ...
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Source: All recent Immigration Decisions In All the U.S. Courts of Appeals