Crimes of Moral Turpitude

The INA provides that a noncitizen becomes deportable if s/he has been convicted of a crime involving moral turpitude, committed within five years after the immigrant’s admission into the United States, for which the law provides a maximum sentence to penal confinement of one year or more.[1] 

Because this ground of arises under INA § 237 (the deportation grounds), the burden is on the government to show by clear and convincing evidence that the noncitizen is deportable.[2]  Prior case law required the immigration authorities to show deportability by “clear, unequivocal and convincing evidence.”[3]  This standard is still widely cited in judicial decisions.[4]

The burden of proof is different in inadmissibility proceedings[5] and where the noncitizen is seeking immigration relief following a finding of removability.[2] 

[3]  INA § 237(a)(2)(A)(i)(I), 8 U.S.C. § 1227(a)(2)(A)(i)(I).  This is the current definition of this ground.  The previous definition required a sentence imposed of one year or more before the CMT conviction would trigger deportation.  See N. Tooby & J. Rollin, Criminal Defense of Immigrants § 20.36.  The current provision of this deportation statute generally applies to removal proceedings initiated on or after April 24, 1996.

[4] INA § 240(c)(3)(A), 8 U.S.C. § 1229a(c)(3)(A); 8 C.F.R. § 240(c)(3)(A).

[5] Woodby v. INS, 385 U.S. 276 (1966).

[6] See, e.g., Pickering v. Gonzales, 465 F.3d 263, 268 (6th Cir. Oct. 4, 2006).

[1] See § 4.1, infra.

[2] See § 3.1, supra.