Crimes of Moral Turpitude

(B)  Illegal Entrants.  The DHS also uses expedited removal under INA § 235(b)(1)[164] to remove noncitizens who have entered the United States without having been admitted, as long as the noncitizen is unable to prove that s/he has been (unlawfully) present in the United States for at least two years.[165]  This form of removal is currently applied to all undocumented noncitizens encountered by the DHS within 100 miles of the United States border, who cannot show that they have been in the United States for at least 14 days.[166]  Noncitizens who arrived by sea must show they have been in the United States for the full two years.[167]

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

[165] INA § § 235(b)(1)(A)(iii)(I), (II), 8 U.S.C. § § 1225(b)(1)(A)(iii)(I) .

[166] Notice Designating Aliens for Expedited Removal, 69 Fed. Reg. 48877 (Aug. 11, 2004); Press Release DHS (Jan. 30, 2006), posted on AILA InfoNet at Doc. No. 06013018.

[167] 67 Fed. Reg. 68924-26.  This rule excludes Cuban nationals.