Crimes of Moral Turpitude

The category of conviction that most often affects asylum applications is the “particularly serious crime.”  A noncitizen convicted of a crime of moral turpitude may apply for asylum as long as the crime is not deemed “particularly serious.”

            Although the same term is used when describing a bar to asylum and the bar to withholding of removal under the INA,[362] and Convention Against Torture, [363] the term is defined somewhat more broadly in the asylum context, more convictions will be considered PSCs to disqualify applicants in the asylum context than in the withholding context.[364]

[362] N. Tooby & J. Rollin, Criminal Defense of Immigrants § 24.31 (4th ed. 2007).

[363] N. Tooby & J. Rollin, Criminal Defense of Immigrants § 24.7 (4th ed. 2007).

[364] INA § 208(b)(2)(B)(i), 8 U.S.C. § 1158(b)(2)(B)(i).