Safe Havens

Possession of burglary tools without intent to use them to commit a crime of moral turpitude has long been recognized not to be a crime of moral turpitude.[192]  See also § 7.120, supra.  The same offense also should not trigger deportability as an aggravated felony, since mere possession of the tools does not entail actual burglary, theft, or any crime of violence.  See § § 7.37, 8.37, 9.33, supra.

[192] 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); Guarino v. Uhl, 107 F.2d 399 (2d Cir. 1939).