Crimes of Moral Turpitude

Alien smuggling, where willfulness and knowledge are elements, has been held CMT. 

United States v. Raghunandan, 587 F.Supp. 423 (D.N.Y. 1984) (willful or knowing smuggling of noncitizens, in violation of INA § 274, 8 U.S.C. § 1324, involved moral turpitude and thus qualified for possible judicial recommendation against deportation).

Transportation of Undocumented Immigrants. A conviction for transporting undocumented immigrants may or may not involve moral turpitude because depending upon whether the statute involves “fraud or an evil intent.” 

Fuentes-Cruz v. Gonzales, 489 F.3d 724 (5th Cir. Jun. 18, 2007) (Texas conviction for unlawful transport, in violation of Tex. Penal Code Ann. section 20.05 [requiring unlawful transport of a person for pecuniary benefit, in a manner designed to conceal the person from the proper authorities, and where the transportation may involve a substantial risk of injury] is a crime involving moral turpitude, because the offense requires an intent to deceive law enforcement);

United States v. Sucki, 748 F. Supp. 66 (E.D.N.Y. 1990);

Matter of Tiwari, 19 I. & N. Dec. 875 (BIA 1989) (conviction of a regulatory offense under INA § 274(a), 8 U.S.C. § 1324(a), of bringing in and transporting noncitizens, without a showing of “gain,” is not a crime of moral turpitude under INA § 241(a)(4)(A), 8 U.S.C. § 1231(a)(4)(A) as fraud is not an essential element of § 274(a) and the amended version of § 274(a) resembles a strict liability statute, not requiring a showing of “fraud or an evil intent”).

            Cf. United States v. Raghunandun, 587 F.Supp. 423 (W.D.N.Y. 1984).

            See also Matter of Short, 20 I. & N. Dec. 136 (BIA 1989) (where definition of crime is nebulous and could encompass both acts of moral turpitude and acts not involving moral turpitude, it is appropriate to look to the record of conviction).