Crimes of Moral Turpitude

 

While the consequence of deportation resulting from a conviction for a crime of moral turpitude is serious, this class of conviction is not nearly as dangerous as an aggravated felony conviction.

 

            A noncitizen deportable for a single CMT, for which s/he was sentenced to less than one year imprisonment, is not subject to mandatory detention.[136]  Noncitizens convicted of crimes of moral turpitude, and released from criminal custody before Oct. 9, 1998, also should not be subject to mandatory detention under INA § 236(c)(1)(B).[137]

 

            Circuit Court appeal of an adverse immigration decision by the BIA is not barred to a noncitizen deportable for a single CMT committed within five years, or for multiple crimes of moral turpitude, unless at least two of the crimes are punishable by a maximum term of imprisonment of one year or more.[138]  See § 3.18, supra

 

            Where Good Moral Character is required, a CMT conviction will preclude relief unless a waiver is obtained, the offense comes within the Petty Offense, Youthful Offender, or Political Offense Exceptions, or the date of the offense falls outside of the required GMC period. [139]

 

            The category of “crime of moral turpitude” is not one that triggers any sentence enhancement upon illegal re-entry.[140]

 

            The category of “crime of moral turpitude” does not generally bar discretionary forms of relief.  In fact, many forms of relief were specifically created for the purpose of waiving removability on the basis of one or more crimes of moral turpitude.[141]  However, there are exceptions.

 

            For example, cancellation of removal for non-lawful permanent residents is not available to a person who is removable for a CMT.[142]  Commission of a CMT can also trigger the LPR-cancellation stop-time rule.[143]  Relief under INA § 212(c)[144] is barred to a noncitizen who was convicted, or entered a plea of guilty to a CMT offense between Apr. 24, 1996 and Apr. 1, 1997 if s/he is deportable for multiple crimes of moral turpitude, at least two of which were punishable by at least one year imprisonment.[145]

 

            A crime of moral turpitude conviction may also disqualify a noncitizen from eligibility under the one felony or two or three misdemeanor disqualification rules for Family Unity,[146] Legalization Programs,[147] or Temporary Protected Status.[148]

 

A crime of moral turpitude should not bar asylum or withholding of removal unless it is determined to be a particularly serious crime.[149]  A CMT conviction will not bar relief under the Convention Against Torture.[150]

 

            See Chapter 3, supra, for a discussion of other forms of relief.

 

A crime that involves moral turpitude may often also be an aggravated felony, a controlled substance offense, or otherwise trigger additional grounds of removal.  The conviction triggers the consequences of all categories into which it falls.

 

            A conviction that is vacated on a ground of legal invalidity cannot trigger removal under the crime of moral turpitude grounds.[151]  A presidential or gubernatorial pardon will eliminate a crime of moral turpitude conviction for immigration purposes,[152] as will a properly obtained judicial recommendation against deportation granted prior to Nov. 29, 1990.[153]  “State rehabilitative relief,” such as an expungement or dismissal under statutes such as California Penal Code § 1203.4, will not be effective to eliminate the conviction.[154] 

 

[136] INA § 236(c)(1)(B), 8 U.S.C. § 1226(c)(1)(B).

[137] See § 3.11, supra.

[138] See § 241(a)(2)(C), 8 U.S.C. § 1252(a)(2)(C).

[139] See § 3.14, supra.

[140] See INA § 276(b), 8 U.S.C. § 1326(b).  See also N. Tooby & J. Rollin, Criminal Defense of Immigrants § 15.39 (4th Ed. 2007).

[141] See, e.g., INA § 212(h), 8 U.S.C. § 1182(h), INA § 212(a)(2)(A)(ii), 8 U.S.C. § 1182(a)(2)(A)(ii).

[142] See § 3.5, supra.

[143] See § 3.6, supra.

[144] INA § 212(c), 8 U.S.C. § 1182(c) (1995).

[145] See § 3.43, supra.

[146] See § 3.13, supra.

[147] See § § 3.19, et seq., supra.

[148] See § 3.36, supra.

[149] See § 3.30, supra.

[150] See § 3.8, supra.

[151] See § § 10.3-10.10, infra.

[152] See § 10.21, infra.

[153] See § 10.12, infra.

[154] See § 10.11, infra.