Safe Havens

(A)  The AEDPA Definition Governs Deportation Proceedings Initiated From April 24, 1996 Through March 31, 1997.  The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA),[1024] amended the one crime of moral turpitude deportation ground by replacing the requirement that the respondent must actually receive a sentence imposed of one year or more to be deportable, with the new requirement that triggers deportation for one CMT conviction if a sentence of one year or longer could have been imposed.

The AEDPA version reads:

(i) Crimes of moral turpitude. – Any alien who –

    (I) is convicted of a crime involving moral turpitude committed within five years or 10 years in the case of an alien provided lawful permanent resident status under section 1255(j) of this title after the date of admission, and

    (II) is convicted of a crime for which a sentence of one year or longer may be imposed, is deportable.[1025]

Thus, for cases initiated between the effective dates of the AEDPA (April 24, 1996) and IIRAIRA (April 1, 1997), the current test applies requiring the potential sentence must be one year; a requirement that an actual sentence of one year or more must be imposed is no longer required to trigger this deportation ground.

[1024] Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), Pub. L. No. 104-132, 110 Stat. 1214.

[1025] INA § 241(a)(2)(A)(i), 8 U.S.C. § 1251(a)(2)(A)(i).