Crimes of Moral Turpitude

Interference with copyright is NOT a CMT.  The BIA held that convictions for (1) interference with copyright, by pirating audio-visual works in violation of N.J. Stats. Ann. § 2C:21-21c(4), and (2) copying a recording without consent of the owner in violation of Penn. Crimes Code § § 903, 4116, do not constitute crimes of moral turpitude, concluding the respondent was therefore not subject to mandatory detention.  The Board rejected the INS argument that these statutes inherently involve an element of fraud under Matter of LVC, 22 I. & N. Dec. 594 (BIA 1999); Matter of Short, 20 I. & N. Dec. 136 (BIA 1989).[104]

[104] Matter of EA (BIA Nov. 8, 2001)(unpublished), citing Dowling v. United States, 473 U.S. 207 (1985) (“interference with copyright does not easily equate with theft, conversion, or fraud”).