Criminal Defense of Immigrants

(D)  Crime of Moral Turpitude.  Depending upon the statute of conviction it is possible a possession conviction could be found to be a crime of moral turpitude.  The Arizona statute at issue in Luu-Le,[190] for example, requires possession with intent to use the paraphernalia to become intoxicated.  Even so, counsel can argue that intending to become high is no more “evil” than being intoxicated itself.  Other statutes may prohibit possession without any intent element.  Convictions under these statutes should clearly not involve moral turpitude.[191]

[190] Luu-Le v. INS, 224 F.3d 911 (9th Cir 2000).

[191] See, e.g., Matter of Abreu-Semino, 12 I. & N. Dec. 775 (BIA 1968) (conviction for unlawful possession of LSD under 21 U.S.C. § 331(q)(3) was not crime involving moral turpitude because intent was not an essential element of the offense).