Even absent a conviction, a noncitizen can be excluded if s/he makes a formal oral or written admission of the commission of a CMT or of “acts which constitute the essential elements of such a crime.”[172]  This includes admission of commission of the crime itself, or of all of the elements of the crime.  Where there is no conviction, an admission cannot trigger inadmissibility when a conviction for the offense admitted would be held not to involve moral turpitude.[173] 

 

Strict requirements must be met before a noncitizen will be excludable on the basis of an admission of commission of a crime of moral turpitude.  See § 18.8, supra.

[172] INA § 212(a)(2)(A)(i), 8 U.S.C. § 1182(a)(2)(A)(i).  For an excellent discussion of these requirements, see Matter of J, 2 I. & N. Dec. 285 (BIA 1945).

[173] Matter of R, 2 I. & N. Dec. 819, 820-821 (BIA 1947).

BIA

CRIMES OF MORAL TURPITUDE - ADMISSION - WHICH ADMISSION
Although Matter of Shanu, 23 I. & N. Dec. 754 (BIA 2005) has been rejected as far as treating AOS as an admission (all the courts say INA 101(a)(13) is clear, thus avoiding Brand-X), it is still good law as far as saying a noncitizen is deportable if "any" admission occurred within five years of the commission of a CMT. Aremu v. DHS did not address this issue. Thus, if a noncitizen was first admitted on a student visa on 6/1/00, left for a 1-week vacation and returned to the U.S. on 12/1/00, then committed a CMT on 6/15/05, hes still deportable under INA 237(a)(2)(A)(i), because the DHS applies the most recent 12/1/00 admission, rather than the 6/1/00 admissions.

CRIMES OF MORAL TURPITUDE - ADMISSION - WHICH ADMISSION
Although Matter of Shanu, 23 I. & N. Dec. 754 (BIA 2005) has been rejected as far as treating AOS as an admission (all the courts say INA 101(a)(13) is clear, thus avoiding Brand-X), it is still good law as far as saying a noncitizen is deportable if "any" admission occurred within five years of the commission of a CMT. Aremu v. DHS did not address this issue. Thus, if a noncitizen was first admitted on a student visa on 6/1/00, left for a 1-week vacation and returned to the U.S. on 12/1/00, then committed a CMT on 6/15/05, hes still deportable under INA 237(a)(2)(A)(i), because the DHS applies the most recent 12/1/00 admission, rather than the 6/1/00 admissions.