Crimes of Moral Turpitude

(A)  In General.  An individual can apply for political asylum and withholding of removal if s/he fears persecution on account of race, nationality, religion, political opinion, or membership in a social group.[357]  Any person from areas of human rights abuse or war should be informed of the possibility of applying for asylum and withholding, as well as the Convention Against Torture, as a defense to removal.  See § 3.46, infra, for a discussion of withholding of removal and § 3.7, supra, for a discussion of the Convention Against Torture.  Some special procedures apply for children seeking asylum.[358]

[357] INA § 208, 8 U.S.C. § 1158 [asylum]; INA § 241(h), 8 U.S.C. § 1251(h) [withholding].  Note that at least one court has found that criminal deportees are not a “social group” for asylum purposes. Toussaint v. Attorney Gen., 455 F.3d 409 (3d Cir. Jul. 26. 2006) (rejecting asylum claim of Haitian asylum applicant that she would be persecuted in Haiti because she was removed from the United States as a criminal).

[358] Memorandum from Jeff Weiss, Acting Director, INS Office of International Affairs, “Guidelines for Children’s Asylum Claims” 120/11.26 (Dec. 10, 1998), discussed and reproduced in 76 Interpreter Releases 1 (Jan. 4, 1999).  See also Liu v. Ashcroft, 380 F.3d 307 (7th Cir. 2004) (citing guidelines); Abay v. Ashcroft, 368 F.3d 634 (6th Cir. 2004); Gonzalez v. Reno, 212 F.3d 1338 (11th Cir. 2000) (concerning Cuban child applicant Elian Gonzales).