Crimes of Moral Turpitude

 

Assault for the purpose of committing a crime involving moral turpitude constitutes a CMT.

 

Matter of Short, 20 I. & N. Dec. 136, 139 (BIA 1989) (“if a simple assault does not involve moral turpitude and the felony intended as a result of that assault also does not involve moral turpitude, then the two crimes combined do not involve moral turpitude”);

Matter of M, 2 I. & N. Dec. 525 (BIA 1946) (assault for the purpose of committing an offense is assessed according to whether the offense intended to be committed involves moral turpitude). 

 

Assault with intent to kill constitutes a crime of moral turpitude. 

 

Clark v. Orabona, 59 F.2d 187 (1st Cir.), cert. den., 287 U.S. 629 (1932);

United States ex rel. Circella v. Sahli, 216 F.2d 33 (7th Cir. 1954), cert. den., 348 U.S. 964 (1955).

United States ex rel. Shladzien v. Warden of Eastern State Penitentiary, 45 F.2d 204 (D.Pa. 1930) (assault and battery with intent to kill was a crime involving moral turpitude);

Matter of C, 5 I. & N. Dec. 370 (BIA 1953) (Illinois conviction of felonious assault with intent to murder, which requires an evil intent and depraved motive and lack of considerable provocation, is a crime involving moral turpitude);

Matter of J, 2 I. & N. Dec. 477 (BIA 1946) (Florida conviction of assault with intent to commit voluntary manslaughter involved moral turpitude).

 

Assault with intent to commit manslaughter.

 

Matter of J, 2 I. & N. Dec. 477 (BIA 1946) (conviction of “assault with intent to commit manslaughter” in Florida must have been voluntary manslaughter, because it required “an intent to commit” the act, and there could be no intent to commit involuntary manslaughter, so the conviction was therefore a crime involving moral turpitude).

 

Assault with intent to commit rape has been held CMT.

 

Matter of Beato, 10 I. & N. Dec. 730 (BIA 1964) (conviction of assault in the second degree, under New York Penal Law § 242). 

See Gordon § 71.05(1)(d)(iii)(C).

 

Assault with intent to commit robbery was held to be a crime of moral turpitude.

 

United States ex rel. Rizzio v. Kenney, 50 F.2d 418 (2d Cir. 1931);

Matter of Quadara, 11 I. & N. Dec. 457 (BIA 1966).

See also Matter of Beato, 10 I. & N. Dec. 730 (BIA 1964) (assault with intent to rape).

 

But see United States ex rel. Griffo v. McCandless, 28 F.2d 287 (E.D.Pa. 1928) (conviction for aggravated assault and battery held not to involve moral turpitude).

 

Assault with intent to commit abortion is a CMT. 

 

Matter of M, 2 I. & N. Dec. 525 (BIA 1946) (New York conviction of assault with intent to commit abortion, in violation of New York Penal Law § 242(5) involves moral turpitude).