BIA

CRIMES OF MORAL TURPITUDE " ACCESSORY AFTER THE FACT
Matter of Rivens, 25 I&N Dec. 623, 627 n.5 (BIA Oct. 19, 2011) (federal conviction of accessory after the fact, in violation of 18 U.S.C. 3 (2000), is a crime involving moral turpitude, but only if the underlying offense is a crime involving moral turpitude); see Matter of Sanchez-Marin, 11 I&N Dec. 264 (BIA 1965) (an alien convicted of accessory after the fact to manslaughter was convicted of a crime involving moral turpitude because the underlying offense, which was found to be voluntary manslaughter, was a crime involving moral turpitude), modified on other grounds, Matter of Franklin, 20 I&N Dec. 867 (BIA 1994); see also Cabral v. INS, 15 F.3d 193 (1st Cir. 1994). NOTE: The court rejected a powerful argument of respondent, that accessory after the fact does not take on the nature of the underlying offense, as discussed in the controlled substances context, see Matter of Batista-Hernandez, 21 I&N Dec. 955 (BIA 1997), and by the United States supreme Court. See Gonzales v. Duenas-Alvarez, 549 U.S. 183 (2007) (accessory after the fact is distinct from the principal offense in all states and under federal law).

Ninth Circuit

AGGRAVATED FELONY - ACCESSORY AFTER THE FACT
United States v. Vidal, 504 F.3d 1072 (9th Cir. Oct. 10, 2007) (9-6 en banc) (accessory after the fact does not constitute an aggravated felony, since attempt and conspiracy are listed under INA 101(a)(43)(U), but accessory after the fact is not).