Safe Havens

(B)  Crimes of Moral Turpitude.

Gambling offenses are not CMTs.[78] 

Board of Immigration Appeals:

Matter of Gaglioti, 10 I. & N. Dec. 719 (BIA 1964) (conviction of conspiracy to commit an unlawful act (establish gambling games) in violation of 18 Pennsylvania Statutes 4302 is not a conviction of a crime involving moral turpitude, because no proof of an evil intent or malice is required for conviction).

Matter of S, 9 I. & N. Dec. 688, 696 (BIA 1962) (gambling and owning and operating a gambling establishment and being a common gambler under New York Penal Code § § 970, 973, are not crimes involving moral turpitude).

Matter of G, 1 I. & N. Dec. 59 (BIA, AG 1941) (gambling by means of “lottery policies” in violation of New York Penal Law § 974 is not a crime involving moral turpitude).

Ninth Circuit:

United States v. Chu Kong Yin, 935 F.2d 990 (9th Cir. 1991) (crime of gambling, under § 6, ch. 148 of the Hong Kong Laws, not a crime of moral turpitude).

[78] See N. Tooby, J. Rollin & J. Foster, Crimes of Moral Turpitude § 9.38 (2005).