Safe Havens

(B)  Crimes of Moral Turpitude.

Where an offense is committed for the purpose of committing another offense, a conviction will be considered a crime involving moral turpitude if the target offense constitutes a CMT.  For example, assault, trespass, and burglary for the purpose of committing another offense are evaluated according to whether the target offense (the offense intended to be committed) involves moral turpitude.[226]  The same rule holds true for certain possession offenses.[227]

Board of Immigration Appeals:

Matter of Short, 20 I. & N. Dec. 136 (BIA 1989) (“if a simple assault does not involve moral turpitude and the felony intended as a result of that assault also does not involve moral turpitude, then the two crimes combined do not involve moral turpitude”).

 Matter of Cassisi, 10 I. & N. Dec. 136 (BIA 1963) (crime of encouraging abortion not a crime involving moral turpitude).

Matter of M, 7 I. & N. Dec. 147 (BIA 1956) (failing to decide whether conviction of “possessing slugs” (under New York Penal Law § 1293(d)) is considered to be a crime involving moral turpitude, since respondent would have qualified for petty offense exception even if the offense were CMT).

Matter of S, 6 I. & N. Dec. 769 (BIA 1955) (conviction of possession of burglary tools (with intent to commit any indictable offense) in violation of Canada Criminal Code § 464(b) is not a crime involving moral turpitude unless accompanied by an intent to use the tools to commit a specific crime which is itself a crime involving moral turpitude; since here, the record of conviction omits any reference to the offense intended, the conviction could not be held to involve moral turpitude).

Second Circuit:

Guarino v. Uhl, 107 F.2d 399 (2d Cir. 1939) (conviction of possession of burglary tools with intent to commit a crime, in violation of New York Penal Law § 408, does not involve moral turpitude unless the record of conviction affirmatively shows that the particular crime the noncitizen intended to commit with the burglary tools found in his possession involves moral turpitude).

District Courts:

Tutrone v. Shaughnessy, 160 F.Supp. 433 (S.D.N.Y. 1958) (possession of burglary tools not a CMT).

[226] See, e.g., Matter of M, 2 I. & N. Dec. 525 (BIA 1946) (assault with intent to commit abortion is a CMT).

[227] See N. Tooby, J. Rollin & J. Foster, Crimes of Moral Turpitude § 9.85 (2005).