Crimes of Moral Turpitude

(A)  Inadmissibility for Misrepresentation or Lack of Documentation.  Noncitizens found to be inadmissible at the border due to making a material misrepresentation,[156] or for lack of proper immigration documents,[157] may be ordered removed without being placed in proceedings before an immigration judge.[158]  This also applies to noncitizens found by the DHS within 100 miles of the border who have not been admitted, and who cannot show they have been physically present in the United States for at least 14 days.[159]  Noncitizens seeking[160] or who have been granted[161] asylee or refugee status, and certain minors,[162] are excepted.  Federal judicial review is precluded.[163]

            As to criminal issues, it is therefore extremely important that a noncitizen seeking admission to the United States be honest when questioned at a point of entry regarding their criminal history.  This does not mean the noncitizen must provide full disclosure, but s/he should not make any false statements.  The noncitizen will be in a better position having been placed in deferred inspection or allowed to withdraw an application for admission or accept voluntary departure than to be officially ordered removed without any hearing for having lied to the DHS officers.

[156] INA § 212(a)(6)(C), 8 U.S.C. § 1182(a)(6)(C).

[157] INA § 212(a)(7), 8 U.S.C. § 1182(a)(7).

[158] INA § 235(b)(1), 8 U.S.C. § 1225(b)(1).

[159] Notice Designating Aliens for Expedited Removal, 69 Fed. Reg. 48877 (Aug. 11, 2004).

[160] 8 C.F.R. § 235.3(b)(4).  Including those who entered via the visa waiver program. 8 C.F.R. § 217.4(a); Matter of Kanagasundram, 22 I. & N. Dec. 963 (BIA 1999).

[161] 8 C.F.R. § 235.3(b)(5).

[162] Memo, Virtue, Acting Exec. Comm., HQ 50/5.12, 96 Act. 054 (Aug. 21 1997), posted on AILA InfoNet at Doc. No. 97082191.

[163] INA § 242(a)(2), 8 U.S.C. § 1252(a)(2).