Safe Havens

(B)  Crimes of Moral Turpitude.

Perjury has generally been considered a crime involving moral turpitude.  The common-law definition of perjury required a material misrepresentation as an essential element of the crime. The BIA has held that a perjury conviction involves moral turpitude only if the offense of conviction includes all of the elements required to constitute common law perjury.[182]  The BIA therefore held that a conviction for perjury under a Canadian statute that eliminated the common-law requirement of materiality did not involve moral turpitude.[183] 

False statements not amounting to perjury are not considered CMTs.  See § 8.50, supra.

Matter of R, 2 I. & N. Dec. 819 (BIA 1947) (conviction of the offense described by Canada Criminal Code § 170 does not involve moral turpitude, for this Canadian statute has departed from the common law definition of perjury by eliminating the requirement of “materiality,” and without this element this Canadian offense is not considered base, vile, and depraved).

Matter of S, 2 I. & N. Dec. 353 (BIA 1945) (admission of knowingly making false statements in an application for registration as a noncitizen, in violation of § 36(c) of the Alien Registration Act of 1940, 8 U.S.C. § 457 (c), is not a crime involving moral turpitude and is distinguishable from the offense of perjury since it lacks the essential elements of guilty intent and materiality). 

Matter of L, 1 I. & N. Dec. 324 (BIA 1942) (perjury as defined by Canada Criminal Code § 170 does not involve moral turpitude, since materiality is not an element of the offense).

Matter of G, 1 I. & N. Dec. 101 (BIA 1941) (in connection with an admission of perjury, it must be clearly and independently established that the alleged false statements were under oath for the admission to be of every element of the crime of moral turpitude).

Matter of G, 1 I. & N. Dec. 73 (BIA, AG 1941) (entry into Canada in violation of the Canadian Immigration Act making such action a criminal offense does not involve moral turpitude when not accompanied by false swearing amounting to perjury).

Matter of C, 1 I. & N. Dec. 14 (BIA, AG 1940) (when a noncitizen in registering as such falsely swore that he was not employed, he is not excludable on the ground that he has admitted the commission of perjury, since the record discloses merely that he had lied as to his employment but had not admitted the essential elements of the crime of perjury).

[182] Matter of H, 1 I. & N. Dec. 669 (BIA 1943).

[183] Matter of L, 1 I. & N. Dec. 324 (BIA 1942).