Offense of violating City Charter of a city is Missouri, even though termed a "misdemeanor," is arguably not a "crime" since it is not subject to the Governor's pardon power. See Matter of Cevallos, 12 I. & N. Dec. 750, 1968 BIA LEXIS 71 (May 27, 1968) (one of the definitions of a "crime" is based on whether the "crime" is subject to the Governor's Pardon Powers). In Missouri, the Governor of the State has Pardon powers per Missouri Constitution Art. IV Sec 7. However, in Ex Rel Kansas City v. Renick (1900), 157 Mo. 292, 57 S.W. 713 (1900), the Missouri Supreme Court held that the Governor of the State does not have power of pardon over a "municipal offense." Although in Missouri, under Missouri Statute, the Mayor of a municipality has the power of pardon on a limited basis (see RSMo 77.360: "The mayor shall have power to remit fines and forfeitures and to grant reprieves and pardons for offenses arising under ordinances of the city; but this section shall not be so construed as to authorize the mayor to remit any costs which may have accrued to any officer of the city by reason of any prosecution under the laws or ordinances of said city.") This power, however, cannot eliminate the immigration consequences of such an offense since it is not included under INA 237(a)(2)(A)(v) ("pardons to be granted by President of the US or Governor of any of the Several States"). Thus, pursuant to Matter of Cevallos, the misdemeanor City Charter convictions cannot be regarded as "crimes" for immigration purposes. But see Matter of W, 4 I. & N. Dec. 401 (1951) (violation of a City Ordinance relating to prostitution deemed to be a crime or misdemeanor involving CIMT under Immigration Act of Feb. 5, 1917). Thanks to Raymond R. Bolourtchi.

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