Crimes of Moral Turpitude

(D)  Judicial Orders of Removal.[177]   The INA under certain circumstances allows a criminal judge to order a noncitizen removed at sentence without individual proceedings before an immigration judge.[178]  The statute provides either for a removal hearing in criminal court, or for a stipulated order of removal (e.g., as part of a plea agreement).  A judicial order of removal may not be issued, however, as a condition of supervised release.[179]  See N. Tooby & J. Rollin, Criminal Defense of Immigrants § § 6.20-6.27.

[177] See also Taylor, Margaret H. and Ronald F. Wright, The Sentencing Judge as Immigration Judge, 51 Emory L.J. 1131-1185 (2002); Martin Arms, Comment, Judicial Deportation Under 18 U.S.C. § 3583(d): A Partial Solution to Immigration Woes?, 64 U. Chi. L. Rev. 653, 658-59 (1997).

[178] INA § 238(c)(1), 8 U.S.C. 1228(c)(1).  Through a technical error, both this provision and the “presumption of deportability” provision were codified under INA § 238(c), 8 U.S.C. § 1228(c).

[179] E.g., United States v. Tinoso, 327 F.3d 864 (9th Cir. Apr. 25, 2003) (court erred in ordering immediate deportation as a condition of supervised release under 18 U.S.C. § 3583(d); it could at most order that the defendant be delivered to the INS for deportation proceedings in accordance with INS regulations).