Gill v. INS, __ F.3d __, 2005 WL 1983700 (2nd Cir. Aug. 18, 2005) (attempted reckless assault in violation of New York Penal Code 120.5(4) is not a crime involving moral turpitude because no discernable mental element in present since it is impossible to "attempt" to commit an act "recklessly" under New York law).

Matter of Muceros, Index Decision (BIA 2000) (Battery, in violation of California Penal Code section 243(d) is not a crime of moral turpitude for immigration purposes).
http://www.usdoj.gov/eoir/vll/intdec/indexnet00/muceros.pdf

Rodriguez-Castro v. Gonzales, ___ F.3d ___ (5th Cir. Oct. 3, 2005) (attempted misdemeanor child abandonment, with intent to return to the child, under Texas Penal Code 22.041(b) is not a crime of moral turpitude because the offense may be committed without he actor knowing s/he thereby places the child at risk, and only involved negligent intent).
http://caselaw.lp.findlaw.com/data2/circs/5th/0460003cv0p.pdf

Under 408(a)(7) of the Social Security Act, a person is subject to criminal penalties if he or she: (1) willfully, knowingly, and with an intent to deceive uses a social security number on the basis of false information furnished to the SSA (408 (a)(7)(A));  (2) falsely represents, with an intent to deceive, a number to be the social security number assigned to him or her or to another person (408(a)(7)(B )); or  (3) knowingly altered a social security card issued by the SSA, bought or sold a card that was, or was purported to be, a card so issued, counterfeited a social secur

The offense of misuse of a social security number, in violation of 42 U.S.C. 408(a)(7)(B), may or may not be considered a crime of moral turpitude. For example, use of the card to open a checking account would not appear to be fraudulent, and thus not a CMT. The statute should therefore be considered divisible. Sale of fraudulent immigration documents is clearly CMT. Matter of Flores, 17 I. & N. Dec. 225, 1980 WL 121870 (BIA 1980). Use or possession of a false social security document with specific intent to defraud is a CMT. Matter of Serna, 20 I. & N. Dec. 579, 581 (BIA 1992).

Cuevas-Gaspar v. Ashcroft, 430 F.3d 1013 (9th Cir. Dec.

Cuevas-Gaspar v. Gonzales, 430 F.3d 1013 (9th Cir. Dec. 7, 2005) (Washington conviction of being an accomplice to residential burglary, in violation of Wash. Rev.

The sentencing guidelines for illegal reentry cases were amended on November 1, 2001 to add Application Note 4, which provided: "4. Aiding and Abetting, Conspiracies, and Attempts.--Prior convictions of offenses counted under subsection (b)(1) include the offenses of aiding and abetting, conspiring, and attempting, to commit such offenses." This Application Note was in effect until November 1, 2003, when it was deleted from the guideline commentary. USSG, 2L1.2, 18 U.S.C.A.

Altamirano v. Gonzales, ___ F.3d ___, 2005 WL 2839982 (9th Cir. Oct. 31, 2005) (mere presence in vehicle at port of entry does not constitute alien smuggling under INA 212(a)(6)(E)(i), 8 U.S.C. 1182(a)(6)(E)(i), even if the individual has knowledge that an alien was hiding in the trunk of the vehicle; simple knowledge encouraging, inducing, assisting, abetting, or aiding is insufficient). See also, Tapucu v. Gonzales, 399 F.3d 736, 740-42 (6th Cir. 2005) (some affirmative act required).
http://caselaw.lp.findlaw.com/data2/circs/9th/0370737p.pdf

Matter of Giraldo-Valencia, 10 Immig.Rptr. B1-132 (BIA Index Decision, October 22, 1992) (federal conviction of misprision of felony under 18 U.S.C. 4 constitutes a crime involving moral turpitude for purposes of triggering deportation, because, unlike the common law crime, a federal conviction for misprision of felony requires proof that the defendant took an affirmative step to conceal commission of a felony).