Crimes of Moral Turpitude

(D)  Other Grounds.  Asylum may also be denied on other criminal grounds,[386] including upon a finding that there are serious reasons to believe that the noncitizen has committed serious nonpolitical offenses[387] outside the United States prior to their arrival in the United States,[388] “reasonable grounds” exist for believing the noncitizen is a danger to the security of the United States,[389] and where the noncitizen is “described in” the terrorist ground of inadmissibility[390] or the security ground[391] of deportation.[392]  The terrorist ground includes anyone who provides material support to terrorists.[393]

[386] See INA § 208(b)(2)(A), 8 U.S.C. § 1158(b)(2)(A).

[387] See Matter of Frentescu, 18 I. & N. Dec. 244, 247 (BIA 1982), comparing serious nonpolitical offenses and particularly serious crimes.

[388] Chay-Velasquez v. Ashcroft, 367 F.3d 751 (8th Cir. May 6, 2004) (noncitizen who had committed serious nonpolitical crimes in native country ineligible for asylum or withholding or removal).  See also INS v. Aguirre-Aguirre, 526 U.S. 415, 119 S.Ct. 1439 (May 3, 1999).

[389] Cheema v. INS, 350 F.3d 1035 (9th Cir. Dec. 1, 2003) (BIA denial of withholding reversed for lack of evidence that reasonable grounds exist to believe defendants are danger to security of the United States).  See also Bellout v. Ashcroft, 363 F.3d 975 (9th Cir. Apr. 12, 2004) (no judicial review of IJ finding that noncitizen is ineligible for asylum as someone found to engage in, or to be likely to engage in, terrorist activity).

[390] INA § 212(a)(3)(B)(i), 8 U.S.C. § 1182(a)(3)(B)(i).

[391] INA § 237(a)(4)(B), 8 U.S.C. § 1227(a)(4)(B).

[392] INA § 208(b)(2)(A)(v), 8 U.S.C. § 1158(b)(2)(A)(v).  Note that the REAL ID Act greatly expanded the terrorism grounds of inadmissibility and deportability. See REAL ID Act of 2005, Pub. L. No. 109-13, 119 Stat. 231, § § 103-104 (May 11, 2005).  For further discussion of asylum and criminal record, see K. Brady, Defending Immigrants in the Ninth Circuit § 11.14 (ILRC 2007); Immigration Law and Crimes § 9:17.

[393] See, e.g., Matter of SK, 23 I. & N. Dec. 936 (BIA Jun. 8, 2006) (contribution of $1,100 to an organization associated with a terrorist organization was sufficient to demonstrate “material support” of a terrorist organization, thereby disqualifying respondent from asylum and withholding of removal, even though respondent arguably did not intend the donation to be used for terrorist activities; INA § 212(a)(3)(B), 8 U.S.C. § 1182(a)(3)(B) does not allow a “totality of the circumstances” to be considered in determining whether an organization is engaged in terrorist activity).