Criminal Defense of Immigrants

In addition to being deportable, under certain circumstances, on account of one CMT conviction, a noncitizen is deportable “who at any time after admission is convicted of two or more crimes involving moral turpitude, not arising out of a single scheme of criminal misconduct, regardless of whether confined therefor and regardless of whether the convictions were in a single trial . . . .” [243]  Thus, if two CMT convictions have been suffered, the timing of the convictions and the severity of the sentence become irrelevant: the noncitizen is deportable regardless.

[243] INA § 237(a)(2)(A)(ii), 8 U.S.C. § 1227(a)(2)(A)(ii).  The multiple-CMT ground of deportation was amended by AEDPA to read as follows: “(ii) Multiple criminal convictions. -- Any alien who at any time after admission is convicted of two or more crimes involving moral turpitude, not arising out of a single scheme of criminal misconduct, regardless of whether confined therefor and regardless of whether the convictions were in a single trial, is deportable.”  The prior version read the same, except it provided the conviction must occur after “entry.”  Former INA § 241(a)(2)(A)(i), 8 U.S.C. § 1251(a)(2)(A)(i), prior to amendment by AEDPA.