Murder has been held to involve moral turpitude.[63]

 

Asencio v. INS, 37 F.3d 614 (11th Cir. 1994) (attempted murder);

Rodriguez-Padron v. INS, 13 F.3d 1455 (11th Cir. 1994) (second-degree murder);

Cabral v. INS, 15 F.3d 193 (1st Cir. 1994) (accessory after the fact to murder);

De Lucia v. Flagg, 297 F.2d 58 (7th Cir. 1961);

Fong Haw Tan v. Phelan, 162 F.2d 663 (9th Cir. 1947), rev’d on other grounds, 333 U.S. 6 (1948);

Pillisz v. Smith, 46 F.2d 769 (7th Cir. 1931) (Hungarian manslaughter conviction as a result of an attack with a knife held CMT, although in Hungary, degrees of manslaughter are not recognized);

Allessio v. Day, 42 F.2d 217 (2d Cir. 1930);

Matter of Reyes, 20 I. & N. Dec. 789 (BIA 1994) (a noncitizen convicted of murder, regardless of the date of offense, is forever precluded from establishing Good Moral Character, citing INA § 101(f)(8), 8 U.S.C. § 1101(f)(8), 8 C.F.R. § 316.10 (b));

Matter of Lopez-Amaro, 20 I. & N. Dec. 668 (BIA 1993);

Matter of Patacki, 15 I. & N. Dec. 324 (BIA 1975) (charging paper charged the killing was committed willfully and with deliberation);

Matter of Awaijane, 14 I. & N. Dec. 117 (BIA 1972) (Lebanon conviction of attempted murder).

 

Homicide

 

Matter of Szgedi, 10 I. & N. Dec. 28 (BIA 1962) (conviction of “homicide by reckless conduct” in violation of § 940.06, Wisconsin Statutes, which requires “gross negligence,” is not a crime involving moral turpitude).

 

Voluntary homicide

 

De Lucia v. Flagg, 297 F.2d 58 (7th Cir. 1961), cert. den., 369 U.S. 837, 82 S.Ct. 867, 7 L.Ed.2d 843 (1962) (Italian conviction of voluntary homicide held a crime of moral turpitude, since as long as homicide is voluntary and not justifiable no amount of provocation can remove it from class of crimes involving moral turpitude).

[63] 9 U.S. Dep’t of State, Foreign Affairs Manual (FAM) § 40.21(a) N.2.3-3(a)(12).

CRIMES OF MORAL TURPITUDE " NEGLIGENT HOMICIDE
Matter of Tavdidishvili, 27 I&N Dec. 142 (BIA 2017) (New York conviction of negligent homicide, in violation of New York Penal Law 125.10, is categorically not a crime involving moral turpitude, because it does not require that a perpetrator have any awareness of the facts that make his or her conduct dangerous.).

BIA

CRIMES OF MORAL TURPITUDE " NEGLIGENT HOMICIDE
Matter of Tavdidishvili, 27 I&N Dec. 142 (BIA 2017) (New York conviction of negligent homicide, in violation of New York Penal Law 125.10, is categorically not a crime involving moral turpitude, because it does not require that a perpetrator have any awareness of the facts that make his or her conduct dangerous.).

Ninth Circuit

AGGRAVATED FELONY - CRIME OF VIOLENCE - ROBBERY
United States v. Becerril-Lopez, 541 F.3d 881 (9th Cir. Aug. 29, 2008) (California conviction of robbery, in violation of Penal Code 211, constituted crime of violence under USSG 2L1.2(b), because the elements of the offense meet the generic definition of "extortion," one of the enumerated crimes of violence; California Penal Code 211 is does not categorically meet the generic definition of "robbery."), distinguishing United States v. McDougherty, 920 F.2d 569, 574 (9th Cir. 1990) (holding California robbery, under Penal Code 211, constituted a crime of violence under USSG 4B1.2 commentary language as well as 18 U.S.C. 16(b), covering any felony that involved a "substantial risk" that physical force may be used "against the person or property of another", a definition broader than the definition contained in 4B1.2 alone, which identified only those crimes presenting a substantial risk of physical injury to another person (not to property).).