21 A.L.R. Fed. 2d 417 (Originally published in 2007) "Validity, Construction, and Application of Waiver of Inadmissibility Under INA § 212(h), 8 U.S.C.A. § 1182(h), George L. Blum, J.D. (Discussing waivers for lawfully permanent residents convicted of crimes of moral turpitude).
23 A.L.R. Fed. 480 (Originally Published in 1975) "What constitutes "crime involving moral turpitude" within the meaning of § 212(a)(9) and 241(a)(4) of Immigration and Nationality Act (8 U.S.C.A. § 1182(a)(9), 1251(a)(4)), and similar predecessor statutes providing for exclusion or deportation of aliens convicted of such crime," American Law Reports.
101 A.L.R. Fed. 668 (Originally published in 1991) "What constitutes full and unconditional executive pardon under § 241(b) of Immigration and Nationality Act of 1952 (8 U.S.C.A. § 1251(b)), excepting certain pardoned aliens from deportation for crimes involving moral turpitude," Gregory G. Sarno, J.D.
98 A.L.R. Fed 750 (Originally published in 1990) "Effect of Expungement of conviction of § 241(a)(4), (11) of Immigration and Nationality Act of 1952 (8 U.S.C.A § 1251(a)(4), (11)), making aliens deportable for crimes involving moral turpitude or drugs," Gregory G. Sarno, J.D.
19 A.L.R. Fed 598 (Originally published in 1974) "What constitutes "single scheme of criminal misconduct" for purposes of § 241(a)(4) if Immigration and Nationality Act of 1952 (8 U.S.C.A. § 1251(a)(4)), providing for deportation of aliens convicted of two crimes involving moral turpitude, not arising out of a single scheme of criminal misconduct," Romualdo P. Eclavea, LL.B., LL.M.
Statutes:
Under 8 U.S.C. § 1182(a)(2) aliens convicted of "crimes involving moral turpitude" are inadmissible.
However, under 8 U.S.C. § 1182(h) the Attorney General has discretion to grant waivers.
Additionally, there are several exceptions available including:
8 U.S.C. § 1101(a)(48)(A) provides that an alien has been 'convicted' of a crime when formal judgment of guilt has been entered.
8 U.S.C. § 1182(a)(2)(A)(i)(I) provides that 'conviction' of a crime of moral turpitude has the same meaning as applied to inadmissibility of aliens as it does as applied to criminal statutes.
8 U.S.C. § 1182(a)(2)(A) provides that if an alien is convicted of, or arrested for, a crime of moral turpitude in absentia does not count as a 'conviction' for immigration purposes.
8 U.S.C. §1182(a)(2)(A) provides that a consular officer may make a finding an alien is inadmissible due to a crime of moral turpitude based on alien's admission.
8 U.S.C. § 1182(a)(2)(A) provides for an exception to inadmissibility when an alien under age 18 is convicted of a crime of moral turpitude and it is the only offense, unless it was for a violent felony and the alien was over age 15. If the sentence involved confinement in a prison or other correctional institution then the alien must have been released more than 5 years prior to the date of application).
Cross Ref. 18 U.S.C. § 5031 defining "juvenile" as a person under age 18 and "juvenile delinquency" as when a juvenile violated laws of the U.S. that would have been considered a crime if committed by an adult.
8 U.S.C. § 1182(a)(2)(A) provides that an alien is still admissible if they have a conviction for only one crime of moral turpitude, with a maximum penalty of less than a year sentence and only if the alien was sentenced to 6 months or less.
22 C.F.R. § 40.21 applies to individuals with inadmissibility due to crimes involving moral turpitude providing for exceptions for individuals who are:
8 C.F.R. § 212.4 provides procedural requirements for various grounds of inadmissibility.
Admission of Crime of Moral Turpitude:
Matter of Ozkok, 19 I. & N. Dec. 546, 1988 WL 235459 (B.I.A. 1988) (holding an alien is convicted of a crime when a court has adjudicated that the person is guilty or entered a formal judgment, including when the alien entered a nolo plea).
Prudencio v. Holder, 669 F.3d 472 (4th Cir. 2012) (holding DHS does not have authority to consider specific facts underlying the conviction, DHS must focus on whether there was an actual conviction).
In re Punu, 22 I. & N. Dec. 224, 1998 WL 546634 (B.I.A. 1998) (holding deferred adjudication is a conviction).
Moosa v. I.N.S., 171 I. & N. Dec. 550, 1980 WL 121936 (B.I.A. 1980) (holding deferred adjudication is a conviction).
Matter of Seda, 17 I. & N. Dec. 550, 1980 WL 121936 (B.I.A. 1980) (holding when adjudication is deferred while defendant is on probation and after filfillment of probation defendant is discharged without court adjudication of guilt then there is no conviction) (over-ruled on other grounds by Ozkok supra).
Matter of Westman, 17 I. & N. Dec. 50, 1979 WL 44362 (B.I.A. 1979) (holding when a statute provides that proceedings are deferred while a defendant is on probation it is a conviction if the statute provides that the prior guilty finding can be used for other purposes).
Doe v. I.N.S., 120 F.3d 200 (9th Cir. 1997) (holding gross inequity or injustice in the conviction is not in itself enough to provide a basis for relief).
U.S. v. Tablie, 166 F.3d 505 (2d Cir. 1999) (holding a writ of audita querela cannot be used to vacate an alien's conviction when it is based only on equitable grounds).
Nunez-Reyes v. Holder, 646 F.3d 684 (9th Cir. 2011) (holding when an alien is convicted of posession of a controled substance under a federal statute and this is a first time conviction it may be expunged and the alien does not become inadmissible, but if the conviction for simple possession is under state law the alien may be inadmissible if state law does not provide for expungement).
In re Salazar-regino, 23 I. & N. Dec. 223, 2002 WL 339535 (B.I.A. 2002) (holding federal provisions for expungement for first time offenders are generous compared to many state laws and aliens are not entitled to 'first offender treatement.')
Matter of Piraino, 12 I. & N. Dec. 508, 1967 WL 14077 (B.I.A. 1967) (holding an alien is not inadmissible on grounds of a crime of moral turpitude when there has only been an order of arrest issued in absentia).
U.S. v. Campbell, 167 F.3d 94 (2d Cir. 1999) (holding an alien is still 'convicted' even if the sentence was reduced, suspended, commuted, or mitigated or the alien has been granted probation).
Fonseca-Leite v. I.N.S., 961 F.2d 60 (5th Cir. 1992) (holding the fact that an alien did not serve the entire sentence does not change the fact that a particular sentence was imposed).
Marino v. I.N.S., U.S. Dept. of Justice, 537 F.2d 686 (2d Cir. 1976) (holding an alien is not "convicted" of a crime until direct appellate review of the conviction is either exhausted or waived).
Kabongo v. I.N.S., 837 F.2d 753 (6th Cir. 1988) (holding an alien is not "convicted" of a crime until direct appellate review of the conviction is either exhausted or waived).
Hernandez-Almanza v. U.S. Dept. of Justice, I.N.S., 547 F.2d 100 (9th Cir. 1976) (holding an alien is not "convicted" of a crime until direct appellate review of the conviction is either exhausted or waived).
Matter of E--V--, 5 I. & N. Dec. 194, 1953 WL 7427 (B.I.A. 1953) (holding an alien who admits a crime must be advised of the essential elements and clearly admit each element, explaining other requirements for inadmissibility based on alien;s admissions; a full expungement of a conviction is the same as a pardon).
Matter of J--, 2 I. & N. Dec. 285, 1945 WL 5557 (B.I.A. 1945) (holding an alien who admits a crime must be advised of the essential elements and clearly admit each element, explaining other requirements for inadmissibility based on alien;s admissions).
Prudencio v. Holder, 669 F.3d 472 (4th Cir. 2012) (holding the court may examin the record including the charging document, pleas, and explicit findings of fact, in determining whether an alien was 'convicted.').
Matter of Ramirez-Rivero, 18 I. & N. Dec. 135, 1981 WL 158836 (B.I.A. 1981) (holding adjudication of delinquency is not a ground for inadmissibility because delinquency is not crime of the U.S. Foreign convictions are only grounds of inadmissibility if the conduct would be deemed criminal in the U.S. and whether a foreign conviction is treated as a crime or as delinquency is determined by the standards in the Federal Juvenile Delinquency Act, 18 U.S.C. § 5031.
Rangel-Zuazo v. Holder, 678 F.3d 967 (9th Cir. 2012) (holding it does not violate equal protection for an alien who reached 18 before adjudication or conviction and was treated as an adult from an alien who was still a minor at the time of adjudication or conviction.
Matter of M--C--, 9 I. & N. Dec. 280, 1961 WL 12159 (B.I.A. 1961) (holding where a criminal statute includes both felenies and misdemeanors, the record may be considered in determining the nature of the conviction to determine if the alien was convicted of a felony or a misdemeanor).
Matter of E--N--, 7 I. & N. Dec. 153, 1956 WL 10244 (B.I.A. 1956) (holding if an alien admits an offense, but there is no conviction, and the offense could be either a misdemeanor or a felony, the alien will be deemed to have only been guilty of a misdemeanor).
Matter of O--T--, 4 I. & N. Dec. 265, 1951 WL 6998 (B.I.A. 1951) (holding a full expungement of a conviction is the same as a pardon granted under statute).
Matter of Ozkok, 19 I. & N. Dec. 546, 1988 WL 235459 (B.I.A. 1988).
Marino v. I.N.S., U.S. Dept. of Justice, 537 F.2d 686 (2d Cir. 1976).
Kabongo v. I.N.S. 837 F.2d 753 (6th Cir. 1988).
Hernandez-Almanza v. U.S. Dept. of Justice, I.N.S., 547 F.2d 100 (9th Cir. 1976).
Samirah v. Holder, 627 F.3d 652 (7th Cir. 2010).
Matter of Seda, 17 I. & N. Dec. 550, 1980 WL 121936 (B.I.A. 1980) (Over-ruled in part on other grounds by, Ozkok, 19 I. & N. Dec. 546, 1988 WL 235459 (B.I.A. 1988).
Matter of Westman, 17 I. & N. Dec. 50, 1979 WL 44362 (B.I.A. 1979).
Fernandez Luiz v. Luttrell, 46 F. Supp. 2d 754 (W.D. Tenn. 1999).
Rodriguez-Castro v. Gonzales, 427 F.3d 316 (5th Cir. 2005) (holding court must look to state court definitions because 'moral turpitude' is not defined in federal statutes which usually does not inlcude crimes based on negligence because most states require a showing of intent or reckless disregard of consequences).
Prudencio v. Holder, 669 F.3d 472 (4th Cir. 2012) (holding court should defer to DHS in determinations of what conduct is included in 'moral turpitude').
Knoetze v. U.S. Dept. of State, 634 F.2d 207 (5th Cir. 1981) (holding foreign convictions for conduct deemed criminal in the U.S. are grounds for inadmissibility).
Matter of McNaughton, 16 I. & N. Dec. 569, 1978 WL 36469 (B.I.A. 1978) (holding foreign convictions for conduct deemed criminal in the U.S. are grounds for inadmissibility).
Klapholz v. Esperdy, 302 F.2d 928 (2d Cir. 1962) (holding an alien convicted while on parole within the U.S. is inadmissible).
Matter of Imber, 16 I. & N. Dec. 256, 1977 WL 39265 (B.I.A. 1977) (holding the record of the conviction must be considered if the statute under which the alien was convicted included both acts that are moral turpitude and acts that are not moral turpitude).
Intent
Matter of A--, 6 I. & N. Dec. 242, 1954 WL 7853 (B.I.A. 1954) (holding crimes of moral turpitude include when there was a vicious motive or a corrupt mind, so if the statute violated is purely regulatory and no criminal intent is required the conviction does not involve moral tuprpitude; whether a crime involves moral turpitude is based on moral values 'generally prevailing' in the United States).
Matter of Awaijane, 14 I. & N. Dec. 117, 1972 WL 27413 (B.I.A. 1972) (holding crimes of moral turpitude include when there was a malicious intention, anything done 'contrary to justice, honesty, principle, or good morals,' or an 'act of baseness, vileness, or depravity in the private and social duties which a person owes his of her fellow citizens or to society in general.').
Aw v. Gonzales, 174 Fed. Appx. 873, 2006 FED App. 0215N (6th Cir. 2006) (holding asylum applicant's contradictory statements about whether he was detained, interrogated, sentenced, etc. supported adverse decision).
Singh v. Gonzales, 127 Fed. Appx. 315 (9th Cir. 2005) (holding asylum applicant's inconsistent statements supported an adverse decision).
Knoetze v. U.S. Dept. of State, 634 F.2d 207 (5th Cir. 1981) (holding foreign convictions of conduct that would be a crime in the U.S. is grounds for indamissibility).
Matter of McNaughton, 16 I. & N. Dec. 569, 1978 WL 36469 (B.I.A. 1978) (holding alien is inadmissible only if foreign convictions were for conduct that is criminal in the U.S.).
Padilla v. Gonzales, 397 F.3d 1016 (7th Cir. 2005) (holding court cannot consider surrounding circumstances of conviction, only the elements and the record, and a crime of moral turpitude is either 'deliberately committed and serious').
Matter of Sloan, 12 I. & N. Dec. 840, 1966 WL 14404 (B.I.A. 1966) (holding that moral turpitude is anything done 'contrary to justice, honesty, principle, or good morals,' or an 'act of baseness, vileness, or depravity in the private and social duties which a person owes his of her fellow citizens or to society in general.').
Olujoke v. Gonzales, 411 F.3d 16 (1st Cir. 2005).
Cetik v. Gonzales, 181 Fed. Appx. 117 (2d Cir. 2006).
Hirsch v. I.N.S., 308 F.2d 562 (9th Cir. 1962).
Matter of P--, 7 I. & N. Dec.376, 1956 WL 10303 (B.I.A. 1956) (modified by, Matter of Cienfuegos, 17 I. & N. Dec. 184, 1979 WL 44387 (B.I.A. 1979).
Jordan v. De George, 341 U.S. 223 (1951).
Costello v. I.N.S., 311 F.2d 343 (2d Cir. 1962) (rev'd on other grounds, 376 U.S. 120 (1964)).
Rukavina v. I.N.S., 303 F.2d 645 (7th Cir. 1962).
Tseung Chu v. Cornell, 247 F.2d 929 (9th Cir. 1957).
Particular Crimes involving Moral Turpitude:
Mendoza v. Holder, 623 F.3d 1299 (9th Cir. 2010) (holding crimes involving fraud are crimes of moral turpitude).
Bermann v. Reimer, 123 F.2d 331 (C.C.A. 2d Cir. 1941) (holding obtaining goods under false representation is a crime of moral turpitude).
Matter of Katsanis, 14 I. & N. Dec. 266, 1973 WL 29429 (B.I.A. 1973) (holding crimes of false pretenses are crimes of moral turpitude).
Matter of McNaughton, 16 I. & N. Dec. 569, 1978 WL 36469 (B.I.A. 1973) (holding deceptive practices to manipulate stock prices are crimes of moral turpitude).
Kabongo v. I.N.S., 837 F.2d 753 (6th Cir. 1988) (holding fraud in obtaining a student loan is a crime of moral turpitude).
Tijani v. Holder, 628 F.3d 1071 (9th Cir. 2010) (holding fraud in obtaining a credit card is a crime of moral turpitude).
Lateef v. Dept. of Homeland Sec., 592 F.3d 926 (8th Cir. 2010) (holding using an unlawfully obtained social security number fraudulently is a crime of moral turpitude).
Tseung Chu v. Cornell, 247 F.2d 929 (9th Cir. 1957) (tax evasion is a crime of moral turpitude).
Wittgenstein v. I.N.S., 124 F.3d 1244 (10th Cir. 1997) (tax evasion is a crime of moral turpitude).
Prudencio v. Holder, 669 F.3d 472 (4th Cir. 2012) (holding a conviction for contributing for delinquency of a minor was not a crime of moral turpitude because the state's delinquency statute did not specify that it was a crime of moral turpitude).
Particular Crimes Involving Moral Turpitude:
Robbery and Larceny:
Passing Bad Checks:
Forgery and Related Offenses:
Bigamy:
Perjury:
Sex Offenses:
Conspiracy:
Lecky v. Holder, 723 F.3d 1 (1st Cir. 2013).
Cole v. U.S. Atty. Gen., 712 F.3d 517 (11th Cir. 2013).
Rangel-Zuazo v. Holder, 633 F.3d 848 (9th Cir. 2011).
Matter of Ramirez-Rivero, 18 I. & N. Dec. 135, 1981 WL 158836 (B.I.A. 1981).
Uritsky v. Gonzales, 399 F.3d 728, 2005 FED App. 0108P (6th Cir. 2005).
Ramos v. Gonzales, 414 F.3d 800 (7th Cir. 2005).
Marino v. i.N.S., U.S. Dept. of Justice, 537 F.2d 686 (2d Cir. 1976).
In the Matter of E-V--, 5 I. & N. Dec. 194, 1953 WL 7427 (B.I.A. 1953).
In the Matter of O--T--, 4 I. & N. Dec. 265, 1951 WL 6998 (B.I.A. 1951).
Cruz-Garza v. Ashcroft, 396 F.3d 1125 (10th Cir. 2005).
Mejia-Rodriguez v. Holder, 558 F.3d 46 (1st Cir. 2009).
Vargas-Sarmiento v. U.S. Dept. of Justice, 448 F.3d 159 (2d Cir. 2006).
Ramirez-Villalpando v. Holder, 601 F.3d 891 (9th Cir. 2010).
Ramos v. u.S. Atty. Gen., 709 F.3d 1066 (11th Cir. 2013).
Jaggernauth v. U.S. Atty. Gen., 432 F.3d 1346 (11th Cir. 2005).
Padilla v. Gonzales, 397 F.3d 1016 (7th Cir. 2005).
Matter of M--C--, 9 I. & N. Dec. 280, 1961 WL 12159 (B.I.A. 1961).
Matter of E--N--, I. & N. Dec. 153, 1956 WL 10244 (B.I.A. 1956).
Matter of Castro, 19 I. & N. Dec. 692, 1988 WL 235473 (B.I.A. 1988).
Solis-Muela v. I.N.S., 13 F.3d 372 (10th Cir. 1993).
Rios-Ortega v. Holder, 380 Fed. Appx. 576 (9th Cir. 2010) (holding if an alien is sentenced to more than 6 months for a crime of moral turpitude the alien is inadmissible and the Attorney General cannot grant a waiver).
Efe. v. Ashcroft, 293 F.3d 899 (5th Cir. 2002).
Matter of E--A--, 26 I. & N. Dec. 1, 2012 WL 4027076 (B.I.A. 2012) (holding alien's violent actions as member of political group were serious non-political crimes).
