Where a showing of Good Moral Character is required, the noncitizen must pass two hurdles: First, the applicant cannot have a conviction on the list enumerated in INA 101(f), 8 U.S.C. 1101(f), during the period for which Good Moral Character must be shown, in order to avoid a complete bar to showing GMC.  Second, the regulations contain a catch-all provision, 8 CFR 316.10(b)(3)(iii), which includes a much broader group of problems, including a conviction listed on INA 101(f) committed prior to the beginning of the period during which Good Moral Character must be shown. This second hurdle is not a complete bar to showing Good Moral Character. The agency must weigh positive factors against negative factors.  Torres-Guzman v. INS, 804 F.2d 531 (9th Cir. 1986).

jurisdiction: 
Ninth Circuit

 

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