Safe Havens
§ 5.56 C. Minimum Elements of Offense of Conviction
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In ascertaining the nature of the offense of conviction, to determine whether it falls within a ground of deportation, it is necessary to identify the minimum elements of the offense of conviction. The federal and immigration courts have universally held that it is the minimum elements of the offense, i.e., the least culpable conduct sufficient to sustain a conviction, that determines the immigration effect of the conviction.[126]
[126] See N. Tooby, J. Rollin, & J. Foster, Crimes of Moral Turpitude § 6.6 (2005).
