IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 14-60320

Summary Calendar

MANUEL ISORO MARTINEZ-OLIVERA, also known as Manuel Isoid 

Martinez,

Petitioner

v.

ERIC H. HOLDER, JR., U. S. ATTORNEY GENERAL,

Respondent

Petition for Review of an Order of the

Board of Immigration Appeals

BIA No. A094 076 309

Before PRADO, OWEN, and GRAVES, Circuit Judges.

PER CURIAM:*

Manuel Isoro Martinez-Olivera (Martinez), a native and citizen of 

Mexico, entered the United States in 1987 without being admitted or paroled. 

He now petitions this court for review of an order of the Board of Immigration 

Appeals (BIA) upholding the decision of the immigration judge (IJ) 

pretermitting his request for cancellation of removal. The primary thrust of 

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not 

be published and is not precedent except under the limited circumstances set forth in 5TH 

CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

March 19, 2015

Lyle W. Cayce

Clerk

 

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No.14-60320

Martinez’s petition is that the BIA erred in determining that he was ineligible 

for cancellation of removal based on his prior Texas conviction for assault 

family violence, which was determined to be a crime involving moral turpitude. 

Although we generally lack jurisdiction to review the decision to deny 

discretionary relief, including cancellation of removal, see 8 U.S.C. 

§§ 1252(a)(2)(B)(i), 1229b, we retain the authority to review “questions of law,” 

§ 1252(a)(2)(D), including whether the BIA properly determined that an alien 

committed a crime involving moral turpitude. See Hyder v. Keisler, 506 F.3d 

388, 390 (5th Cir. 2007).

The Attorney General has the authority to cancel the removal of a 

deportable nonresident alien if the alien meets certain conditions. See

§ 1229b(b)(1). However, an alien who has been convicted of a crime involving 

moral turpitude is not eligible for such relief. § 1229b(b)(1)(C); 8 U.S.C. 

§ 1182(a)(2)(A)(i)(I). Martinez was convicted of violating Texas Penal Code 

§ 22.01(a)(1), which prohibits “intentionally, knowingly, or recklessly caus[ing] 

bodily injury to another.” We have previously upheld the BIA’s determination 

that a conviction under this statute qualifies as a crime involving moral 

turpitude. Esparza-Rodriguez v. Holder, 699 F.3d 821, 823-24 (5th Cir. 2012). 

Although Martinez asserts that his conviction constitutes a petty offense that 

does not bar cancellation of removal, his 210-day sentence exceeded six months

and thus does not fall under this exception. See § 1182(a)(2)(A)(ii)(II). Because 

the BIA correctly determined that Martinez’s assault conviction constitutes a 

crime involving moral turpitude rendering him ineligible for cancellation of 

removal, it did not address his argument that his Texas conviction for 

tampering with a government record was not a crime involving moral 

turpitude or was a petty offense; we also decline to address this argument.

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Additionally, Martinez asserts that the BIA erred in upholding the IJ’s 

denial of his request for voluntary departure. This court generally lacks 

jurisdiction over an appeal from the denial of such a request. 8 U.S.C. 

§ 1229c(f). However, because the BIA determined that Martinez’s assault 

conviction rendered him statutorily ineligible for voluntary departure, we have 

jurisdiction to review this legal question. See § 1252(a)(2)(D); Hyder, 506 F.3d 

at 390. Because Martinez’s assault conviction constitutes a crime involving 

moral turpitude occurring less than five years before his request for voluntary 

departure, the BIA correctly determined that Martinez was statutorily 

ineligible for relief. See 8 U.S.C. §§ 1229c(b)(1)(B), 1101(f)(3). Accordingly, 

Martinez’s petition for review is DENIED.

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