Crimes of Moral Turpitude

 

Admission or conviction of one or more crimes of moral turpitude can result in a finding of inadmissibility or deportability.  The grounds of inadmissibility based on a crime of moral turpitude, and the exceptions, are discussed in Chapter 4, infra.  The grounds for deportation for one or more convictions of a crime of moral turpitude are discussed in Chapter 5, infra.  The remaining immigration consequences flowing from commission or conviction of a crime involving moral turpitude are discussed in this chapter, including discussions on eligibility for discretionary relief.  Although this chapter is focused on the direct immigration consequences of a crime of moral turpitude conviction, commission of a CMT may have non-immigration consequences as well.[1]

 

While the consequence of deportation or inadmissibility resulting from a conviction for a crime of moral turpitude is serious, this class of conviction is not nearly as dangerous as an aggravated felony conviction, for two reasons: (1) the conviction does not disqualify the noncitizen from eligibility for certain forms of discretionary immigration relief, and (2) the conviction does not require mandatory detention, without bond, during removal proceedings.  A crime that involves moral turpitude may often also trigger another removal ground, such as an aggravated felony or a controlled substance offense, and will then carry the consequences of all categories into which it falls.[2]  Even if a particular criminal offense is not charged in a Notice to Appear, the offense may still be used by the INS as a basis to show a noncitizen is ineligible for relief.[3]  Unless otherwise indicated, the remainder of this chapter will deal with immigration consequences of crimes involving moral turpitude that are not also aggravated felonies.

 

The consequences of conviction for multiple crimes of moral turpitude largely mirror those for a single CMT conviction, with the notable exception of the restrictions of federal court judicial review.  See § 3.18, infra.

 

Where good moral character or admissibility are required, however, a CMT conviction will preclude relief unless a waiver is obtained or the offense comes within the Petty Offense, Youthful Offender, or Political Offense Exceptions.

 

The category of “crime of moral turpitude” does not generally bar discretionary forms of relief.  In fact, many forms of relief were specifically created for the purpose of waiving removability on the basis of one or more crimes of moral turpitude.[4]  However, there are exceptions.

 

For example, cancellation of removal for non-lawful permanent residents is not available to a person who is removable for a CMT.[5]  Commission of a CMT can also trigger the LPR-cancellation stop-time rule.[6]  Relief under INA § 212(c)[7] is barred to a noncitizen who was convicted, or entered a plea of guilty to a CMT offense between April 24, 1996 and April 1, 1997 if s/he is deportable for multiple crimes of moral turpitude, at least two of which were punishable by at least one year imprisonment.[8]

 

A crime of moral turpitude conviction may also disqualify a noncitizen from eligibility under the one felony or two or three misdemeanor disqualification rules for Family Unity,[9] Legalization Programs,[10] or Temporary Protected Status.[11]  A crime of moral turpitude should not bar asylum or withholding of removal unless it is determined to be a particularly serious crime.[12]  A CMT conviction will not bar relief under the Convention Against Torture.[13]

[4] For example, the noncitizen may be barred from obtaining a professional license, lose public office, or be impeached as a witness.  Removal, in general, causes loss of social security benefits under SSA Title II retirement funds earned over the working lifetime.  Social Security Act § 202(n)(1).

[5] For example, once a noncitizen has been deported after suffering an aggravated felony conviction, s/he is permanently inadmissible, and ineligible to return to the United States.  Although a waiver of this ground of inadmissibility is available in the Attorney General’s discretion, it is not often granted. INA § § 212(a)(9)(a)(ii), (ground of inadmissibility), (iii) (waiver).

[6] See, e.g., INA § § 208(c)(B)(i) (asylum), 212(h) (waiver of inadmissibility), 240A(3) (cancellation of removal).

[7] See, e.g., INA § 212(h), 8 U.S.C. § 1182(h), INA § 212(a)(2)(A)(ii), 8 U.S.C. § 1182(a)(2)(A)(ii).

[8] See § 3.5, infra.

[9] See § 3.6, infra.

[10] INA § 212(c), 8 U.S.C. § 1182(c) (1995).

[11] See § 3.43, infra.

[12] See § 3.13, infra

[13] See § § 3.19, et seq., infra.

[1] See § 3.36, infra.

[2] See § 3.30, infra.

[3] See § 3.8, infra.