Criminal Defense of Immigrants


§ 21.28 (D)

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(D)  Crime of Moral Turpitude.  If the offense was committed with intent to sell the conviction requires proof of intent to sell, an import/export offense will likely be considered a crime of moral turpitude.  However, since many statutes punish import/export without any requirement of intent,[254] and the offense may be committed for personal use, some cases have held import/export of a controlled substance not to be a CMT.[255]

[254] See, e.g., 21 U.S.C. § 952.

[255] Matter of YMK, 3 I. & N. Dec. 387 (BIA 1948) (conviction in 1935 for violation of the Narcotic Drugs Import and Export Act (act of February 9, 1909, as amended, 21 U.S.C. § 174) does not trigger exclusion because of the admission of the commission and/or conviction of this offense, since this offense does not involve moral turpitude); Matter of V, 1 I. & N. Dec. 293 (BIA 1942) (importation of narcotics in violation of the Narcotic Drugs Import and Export Act, 21 U.S.C. § 171-185, is not a crime involving moral turpitude, since the statute defines a regulatory offense).