Crimes of Moral Turpitude

The CMT grounds of deportation expressly apply only if the triggering act (whether conviction or commission) occurred after admission to the United States.[22]  Certain grounds of removal, and some forms of relief, also depend upon a certain amount of time passing between admission and commission or conviction of a criminal offense.[23]  For example, one CMT conviction triggers deportation only if the conviction occurs within five years after admission.[24]  For these reasons, it is important to know when a noncitizen has been “admitted,” and to know which admission counts for purposes of removal or relief.  It is also important to know what version of the law applies – the law that existed when the application for admission was made, or the law that existed when the immigration authorities make their decision.

[22] E.g., INA § 237(a)(2)(A)(i)(I), 8 U.S.C. § 1227(a)(2)(A)(i)(I) (conviction of crime of moral turpitude); INA § 237(a)(2)(A)(ii), 8 U.S.C. § 1227(a)(2)(A)(ii) (multiple convictions of crimes of moral turpitude “at any time after admission”); INA § 237(a)(2)(A)(iii), 8 U.S.C. § 1227(a)(2)(A)(iii) (aggravated felony “at any time after admission”); INA § 237(a)(2)(B)(i), 8 U.S.C. § 1227(a)(2)(B)(i) (controlled substances conviction “at any time after admission”); INA § 237(a)(2)(B)(ii), 8 U.S.C. § 1227(a)(2)(B)(ii) (anyone who is or has been a drug abuser or addict “at any time after admission”); INA § 237(a)(2)(C), 8 U.S.C. § 1227(a)(2)(C) (firearms conviction “at any time after admission”); INA § 237(a)(2)(E)(i), 8 U.S.C. § 1227(a)(2)(E)(i) (domestic violence conviction “at any time after admission”).

[23] See, e.g., INA § 237(a)(2)(A)(i)(I), 8 U.S.C. § 1227(a)(2)(A)(i)(I) (CMT within 5 years of admission); INA § 240A, 8 U.S.C. § 1229b (cancellation of removal).

[24] INA § 237(a)(2)(A)(i)(I), 8 U.S.C. § 1227(a)(2)(A)(i)(I).