False statement offenses have frequently been held to involve moral turpitude where the elements of fraud and materiality are present.

 

Matter of Correa-Garces, 20 I. & N. Dec. 451 (BIA 1992) (conviction for making false statements on an application for a U.S. passport in another person’s name, along with willfully, knowingly, and with intent to deceive, falsely representing a social security number as having been issued to a noncitizen held crimes of moral turpitude);

Matter of Acosta, 14 I. & N. Dec. 338 (BIA 1973) (conviction of making a false statement in the acquisition of a firearm from a licensed dealer in violation of 18 U.S.C. § 922(a)(6) constituted a crime involving moral turpitude, because fraud and materiality were required elements;

Matter of Kinney, 10 I. & N. Dec. 548 (BIA 1964) (Connecticut);

Matter of Di Filipo, 10 I. & N. Dec. 76 (BIA 1962) (false statements, Florida, fraud not involved);

Matter of B, 7 I. & N. Dec. 342 (BIA 1956) (conviction of violating 18 U.S.C. § 1542 (willfully and knowingly making false statements in an application for a passport), involves moral turpitude, since fraud and materiality are essential elements);

Matter of IL, 7 I. & N. Dec. 233, 234 (BIA 1956) (not every violation of 18 U.S.C. § 1001 involves moral turpitude);

Matter of BM, 6 I. & N. Dec. 806 (BIA 1955);

Matter of R, 2 I. & N. Dec. 819 (BIA 1947);

Matter of H, 1 I. & N. Dec. 669 (BIA 1943) (Michigan offense of perjury constitutes crime of moral turpitude even though statute did not require materiality because state courts had construed statute not to obviate common law requirement of materiality);

Matter of L, 1 I. & N. Dec. 324 (BIA 1942) (Canadian conviction for perjury not crime of moral turpitude where statute departed from common law by eliminating requirement of materiality).

 

Where fraud is not an essential element, a conviction for making false or fraudulent statements was held NOT to be a CMT.

 

Hirsch v. INS, 308 F.2d 562 (9th Cir. 1962);

Matter of Di Filippo, 10 I. & N. Dec. 76 (BIA 1962) (conviction for making false statements in violation of Canada Unemployment Insurance Act § 106A(a), as amended, is not a conviction of a crime involving moral turpitude, because the section does not require a false statement to be made for the purposes of obtaining benefits, or to be material);

Matter of N & B, 2 I. & N. Dec. 206 (BIA 1944) (admission of making false statement before Board of Special Inquiry concerning matter which, if admitted, would not have triggered inadmissibility was not material, and therefore could not have constituted perjury in violation of 18 U.S.C. § 231, and was therefore not an admission of a crime involving moral turpitude);

Matter of B, 1 I. & N. Dec. 121 (BIA, AG 1941) (false statements of a noncitizen before a board of special inquiry that she has not seen her husband for some time and did not know his whereabouts are not material to the right of the noncitizen to enter the United States, so admission of making them did not constitute an admission of perjury as a crime involving moral turpitude);

Matter of C, 1 I. & N. Dec. 14 (BIA, AG 1940) (false statements under Alien Registration Act of 1940 held not to involve moral turpitude, since there is no indication that fraud was involved).

 

See Matter of BM, 6 I. & N. Dec. 806 (BIA 1955) (although admission that noncitizen had made a false statement to an immigration inspector, namely, that she was not employed in the United States when in fact she was so employed, constituted an admission of the essential elements of the offense of making a “false, fictitious, or fraudulent statement” described in 18 U.S.C. § 1001, the crime which she had admitted committing was not a crime involving moral turpitude since she had admitted no fraudulent intent).

 

            Cf. Kabongo v. INS, 837 F.2d 753, 758 (6th Cir. 1988) (conviction of false statements with intent to defraud United States involved moral turpitude for purpose of denying voluntary departure);

Matter of Correa-Garces, 20 I. & N. Dec. 451 (BIA 1992) (using false name in application for passport).

Fifth Circuit

CRIMES OF MORAL TURPITUDE " FRAUD " POSSESSION OF FALSE ID
Nino v. Holder, 690 F.3d 691 (5th Cir. Aug. 13, 2012) (Texas conviction of unlawful possession of fraudulent identifying information, in violation of Texas Penal Code 32.51(b)(2007) [obtains, possesses, transfers, or uses identifying information of another person without the other person's consent and with intent to harm or defraud another.], categorically constituted a crime involving moral turpitude, even when considering that the offense may be committed only with intent to harm).