Safe Havens

An offense that is otherwise not a CMT, that has, as an essential element, the intent to commit a crime involving moral turpitude, itself constitutes a crime of moral turpitude.  For example, assault standing alone is not a CMT.  However, if the assault is committed with intent to commit a CMT, the offense constitutes a CMT.

            Similarly, assault with intent to commit a felony does not constitute a crime of moral turpitude unless the underlying felony involves moral turpitude.[993]  The fact that the intended offense was a felony does not make it a CMT.[994]  Where the offense intended to be committed is not unequivocally an offense of moral turpitude, the DHS may not go beyond the record of conviction to establish that the underlying felony involves moral turpitude.[995]

[993] Matter of Short, 20 I. & N. Dec. 136 (BIA 1989), withdrawing from Matter of Baker, 15 I. & N. Dec. 50 (BIA 1974).

[994] See Tillinghast v. Edmead, 31 F.2d 81 (1st Cir. 1929) (classification of a crime as a felony is not determinative of its character with regard to the presence or absence of moral turpitude).

[995] See, e.g., Matter of Beato, 10 I. & N. Dec. 730 (BIA 1964) (assault in the second degree involves moral turpitude not because it constitutes a felony but because the record revealed that the felonies intended to be committed were carnal abuse and rape).  See also D. Kesselbrenner & L. Rosenberg, Immigration Law And Crimes, § § 6:2 to 6:4 (2003).