Criminal Defense of Immigrants

(J)  Statements of Criminal Judge.  The opinion of the judge in the criminal case on whether the conviction involves moral turpitude is irrelevant.[389]

[389] Soetarto v. INS, 516 F.2d 778 (7th Cir. 1975) (doubt expressed by concurring judge); Fitzgerald ex rel. Miceli v. Landon, 238 F.2d 864, 867 (1st Cir. 1956); Matter of Pataki, 15 I. & N. Dec. 324, 326 (BIA 1975) (affidavit of sentencing judge not considered part of record); Matter of Goodalle, 12 I. & N. Dec. 106, 107-108 (BIA 1967) (opinion of the criminal judge on the question of moral turpitude is outside the record of conviction, and irrelevant).  Cf. United States v. Lopez-Montanez, 421 F.3d 926 (9th Cir. Aug. 26, 2005) (sentencing judge’s statement in transcript that he read and considered the probation report not sufficient to bring probation report within record of conviction, for purposes of assessing the elements of the offense of conviction to determine whether it constituted a crime of violence under U.S.S.G. § 2L1.2(b)(1)(A) for purposes of imposing a 16-level increase in the base offense level of an illegal re-entry sentence).