Criminal Defense of Immigrants


§ 23.21 (B)

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(B)  Crimes of Moral Turpitude.  Certain firearms offenses may be found to involve moral turpitude, such as assault with a firearm.[129]  Other offenses, such as possession by an “alien,” should not be considered CMTs, as they are merely possessory or regulatory offenses.[130]  See, generally, Chapter 20, supra.

[129] See, e.g., Matter of Montenegro, 20 I. & N. Dec. 603 (BIA 1992) (assault with a firearm); Matter of R, 5 I. & N. Dec. 612 (BIA 1954) (willfully and maliciously damaging or attempting to damage property by means of explosives).

[130] See, e.g., Matter of Rainford, 20 I. & N. Dec. 598 (BIA 1992).