Case: 21-60324 Document: 00516653365 Page: 1 Date Filed: 02/23/2023 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED February 23, 2023 No. 21-60324 Lyle W. Cayce Clerk Francis Zamaro-Silvero, Petitioner, versus Merrick Garland, U.S. Attorney General, Respondent. Petition for Review of an Order of the Board of Immigration Appeals Agency No. A216 860 672 Before Smith, Clement, and Wilson, Circuit Judges. Jerry E. Smith, Circuit Judge: Francis Zamaro-Silverio 1 petitions for review of the denial by the Board of Immigration Appeals (“BIA”) of cancellation of removal and volun- tary departure. The BIA held that Zamaro-Silverio had been convicted of a crime involving moral turpitude (“CIMT”) and thus found her ineligible for those forms of discretionary relief. Because the BIA did not perform the proper analysis, we grant review, vacate, and remand for determination of 1 Contrary to court records, petitioner has notified us that her name is spelled with an ‘i’: ‘Zamaro-Silverio.’ Case: 21-60324 Document: 00516653365 Page: 2 Date Filed: 02/23/2023 No. 21-60324 whether Zamaro-Silverio’s conviction was for a CIMT. I. Zamaro-Silverio is a citizen of Mexico. She entered the United States illegally in approximately 2000 and has six children. She is married to a U.S. citizen, has been continuously employed since 2002, and has paid taxes every year since 2003. She is a caretaker to her father, a lawful permanent resident. She has many grandchildren in the United States, all of whom are U.S. citizens. In 2017, Zamaro-Silverio accidentally struck a pedestrian with her car. The pedestrian “spun in the air and landed on the pavement,” but Zamaro- Silverio fled the scene. In 2018, she entered a guilty plea in state court for a third-degree felony per Texas Transportation Code § 550.021 and was sen- tenced to five years’ deferred adjudication. While Zamaro-Silverio was on deferred adjudication, the Department of Homeland Security arrested her and charged her with being present without admission or parole under section 212(a)(6)(A)(i) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(6)(A)(i). In 2020, Zamaro-Silverio filed an application for cancellation of removal with the immigration court; she also requested voluntary departure. The Immigration Judge (“I.J.”) de- nied her application, finding her conviction to be for a CIMT that rendered her ineligible for cancellation under 8 U.S.C. § 1227(a)(2)(A)(i)(I). Zamaro-Silverio appealed to the BIA, which affirmed. In her petition for review, Zamaro-Silverio contends that her conviction was not for a CIMT. Before filing its response brief, the parties filed a joint motion for remand, which was denied by the motions panel. Zamaro-Silverio then filed a motion to reconsider with the BIA, which also denied the motion. The par- ties have filed supplemental briefing asking us to review whether the BIA’s denial of the motion for reconsideration was error. 2 Case: 21-60324 Document: 00516653365 Page: 3 Date Filed: 02/23/2023 No. 21-60324 II. This court reviews de novo the BIA’s conclusion on whether an offense qualifies as a CIMT, but we give Chevron deference to the agency’s interpre- tation …
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