Safe Havens

(B)  Crimes of Moral Turpitude.[11]

(1)  Disposing of Narcotic Drugs.

Board of Immigration Appeals:

Matter of R, 4 I. & N. Dec. 644 (BIA 1952) (conviction of disposing of narcotic drugs unlawfully in violation of the laws of Washington Crim. Code, Chapter 249 (S.B. 300) is not an offense involving moral turpitude, since no element of intent, motive or knowledge is required for conviction).

(2)  Narcotic Drugs Import and Export Act.

Board of Immigration Appeals:

Matter of YMK, 3 I. & N. Dec. 387 (BIA 1948) (conviction in 1935 for violation of the Narcotic Drugs Import and Export Act (act of February 9, 1909, as amended, 21 U.S.C. § 174) does not trigger exclusion because of the admission of the commission and/or conviction of this offense, since this offense does not involve moral turpitude).

Matter of V, 1 I. & N. Dec. 293 (BIA 1942) (importation of narcotics in violation of the Narcotic Drugs Import and Export Act, 21 U.S.C. § 171-185, is not a crime involving moral turpitude, since the statute defines a regulatory offense).

(3)  Tax Regulations.

District Courts:

Andreacchi v. Curran, 38 F.2d 498 (S.D.N.Y. 1926) (failure to register, pay a tax, and comply with certain regulations of the Commissioner of Internal Revenue, in violation of the Harrison Anti-Narcotic Law of 1914, was not a crime involving moral turpitude, since violation could occur through oversight or ignorance and still be a crime).

[11] See N. Tooby, J. Rollin & J. Foster, Crimes of Moral Turpitude § 9.8 (2005).