Tooby's California Post-Conviction Relief for Immigrants

(A)

Elements of the Petty Offense Exception.  Under this exception, a noncitizen is automatically not inadmissible, on account of a conviction or admission of a crime involving moral turpitude, if three requirements are met:[17]

(1)     s/he has committed only one crime involving moral turpitude; and

(2)     s/he “was not sentenced to a term of imprisonment in excess of six months (regardless of the extent to which the sentence was ultimately executed)”; and

(3)     the offense of conviction carries a maximum possible sentence of one year or less.[18]  

Thus, a person convicted of a misdemeanor first-offense CMT with a maximum of one year and a sentence imposed of six months or less is not inadmissible under the moral turpitude ground.  There is no discretionary component to this rule, and the noncitizen need not seek a waiver of any kind.  The statute creating this ground of inadmissibility simply has an exception.

[17] See Matter of Mendoza, 11 I. & N. Dec. 239, 241 (BIA 1965); Matter of H, 6 I. & N. Dec. 738, 738 (BIA 1955).

[18] See INA § 212(a)(2)(A) (II), 8 U.S.C. § 1182(a)(2)(A) (II).