Safe Havens

(B)  Crimes of Moral Turpitude.[192]

Illegal re-entry into the United States after deportation is not a CMT. 

Board of Immigration Appeals:

Matter of Carbajal, 17 I. & N. Dec. 272 (BIA 1978) (four illegal entries do not show bad moral character, since respondent was granted voluntary departure on each occasion, which requires a showing of good moral character).

Matter of T, 1 I. & N. Dec. 158 (BIA 1941) (three deportations and two convictions for re-entry after deportation did not substantiate a finding of bad moral character, since there appeared to be no moral turpitude in the conduct and attitude of the respondent, and nothing evincing a callused conscience).

Matter of R, 1 I. & N. Dec. 118 (BIA 1941) (admission that a Greek noncitizen committed fraud by entering the United States with the Cuban birth certificate of another, does not subject him to deportation on the ground that he admits the commission of a crime involving moral turpitude, since fraud in general is not defined as a crime by federal law and no perjury was involved).

Fifth Circuit:

United States. v. Gloria, 494 F.2d 477, 480-481 (5th Cir. 1974), cert. den., 419 U.S. 995 (1974) (misdemeanor of assisting noncitizen to illegally enter the United States, under INA § 275, 8 U.S.C. § 1325, is not a crime of moral turpitude, so it may not be introduced into evidence for impeachment purposes).

Rodriguez v. Campbell, 8 F.2d 983 (5th Cir. 1925) (re-entry or attempted re-entry into the United States after deportation without having been duly admitted and inspected held not to be a crime involving moral turpitude).

District Courts:

United States v. Sucki, 748 F.Supp. 66 (E.D.N.Y. 1990) (encouraging unlawful entry of noncitizen under INA § 274(a)(1)(D), 8 U.S.C. § 1324(a)(1)(D) held not to be a crime involving moral turpitude, so judicial recommendation against deportation could not be issued).

[192] See N. Tooby, J. Rollin & J. Foster, Crimes of Moral Turpitude § 9.78 (2005).