Criminal Defense of Immigrants

The crime of violence aggravated felony definition makes an exception for “a purely political offense.”[503]  There are no judicial decisions defining this term in the crime of violence statute, but the same term appears in the crime of moral turpitude ground of inadmissibility.[504]  Judicial decisions defining the identical term in that context are therefore instructive as to its meaning in the aggravated felony crime of violence context.  See § 20.31, infra.

[503] INA § 101(a)(43)(F), 8 U.S.C. § 1101(a)(43)(F) (emphasis supplied).

[504] “[A]ny alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of -- (I) a crime involving moral turpitude (other than a purely political offense) or an attempt or conspiracy to commit such a crime . . . is inadmissible.” INA § 212(a)(2)(A)(i)(I), 8 U.S.C. § 1182(a)(2)(A)(i)(I) (emphasis supplied); Matter of B, 1 I. & N. Dec. 47 (AG 1941).