Possession of altered immigration document with knowledge that it was altered, but without its use or intent to use it unlawfully, does NOT constitute a crime involving moral turpitude. 

 

Matter of Serna, 20 I. & N. Dec. 579, 581 (BIA 1992) (stating that mere possession of fraudulent immigration documents, in violation of 18 U.S.C. § 1546, is not a crime involving moral turpitude, since the statute does not specifically include fraud as an essential element even though it does require knowledge the document has been altered).

 

            Possession of fraudulent immigration documents with intent to use, does constitute a crime involving moral turpitude.

 

Omagah v. Ashcroft, 288 F.3d 254 (5th Cir. Apr. 22, 2002) (federal conviction of conspiracy to obtain, possess, and use fraudulent immigration documents in violation of 18 U.S.C. § § 371, 1546, constituted CMT to bar showing of GMC necessary to qualify for discretionary suspension of deportation, since it demonstrates an intent to defraud, and establishes that appellant lacked Good Moral Character).

 

Alien Registration Act – failure to register.

 

Fong v. INS, 308 F.2d 191, 195 (9th Cir. 1962) (conviction for failure to furnish notification of address or other information, as required by INA § 265, 8 U.S.C. § 1305, held not to involve moral turpitude).

 

Immigration Fraud

 

Amouzadeh v. Winfrey, 467 F.3d 451 (5th Cir. Oct. 5, 2006) (federal conviction of unlawful procurement of naturalization, in violation of 18 U.S.C. § 1425(a), constitutes a crime involving moral turpitude under INA § 237(a)(2)(A)(ii));

United States ex rel. Popoff v. Reimer, 79 F.2d 513 (2d Cir. 1935) (moral turpitude is involved in the fraud against the United States of knowingly aiding a noncitizen not entitled to naturalization to apply for or obtain citizenship).

 

Immigration law violations. 

 

United States v. Gloria, 494 F.2d 477 (5th Cir. 1974) (conviction of aiding noncitizen to enter United States unlawfully);

Matter of G, 1 I. & N. Dec. 73 (BIA, AG 1941).

 

Sale of False Immigration Documents

 

Matter of Flores, 17 I. & N. Dec. 225 (BIA 1980) (uttering and selling false or counterfeit paper relating to registry of noncitizens in violation of 18 U.S.C. § 1426(b) entails a deliberate deception and impairment of governmental functions, is inherently fraudulent, and is therefore a crime involving moral turpitude), overruling Matter of K, 7 I. & N. Dec. 178 (BIA 1956), in part.

 

See also False Statements – Government benefits, § 9.67, False Statements – U.S. citizenship, § 9.68, and Perjury, § 9.70, for other cases relating to false statements in immigration proceedings.

Other

PRACTICE ADVISORY " MISUSE OF SOCIAL SECURITY NUMBER UNDER 42 U.S.C. 408(a)(7)(B)
The offense of misuse of a social security number, in violation of 42 U.S.C. 408(a)(7)(B), may or may not be considered a crime of moral turpitude. For example, use of the card to open a checking account would not appear to be fraudulent, and thus not a CMT. The statute should therefore be considered divisible. Sale of fraudulent immigration documents is clearly CMT. Matter of Flores, 17 I. & N. Dec. 225, 1980 WL 121870 (BIA 1980). Use or possession of a false social security document with specific intent to defraud is a CMT. Matter of Serna, 20 I. & N. Dec. 579, 581 (BIA 1992). Knowing possession of false immigration documents, however, is not a CMT. Matter of Serna, 20 I. & N. Dec. 579, 581 (BIA 1992). See Matter of Adetiba, 20 I. & N. Dec. 506 (BIA 1992) which is (erroneously) argued by the Service to have ruled that 408(a)(7)(B) is a CIMT, and the Ninth Circuits decision in Beltran-Tirado v. INS, 213 F.3d 1179 (9th Cir. 2000), that found it is not. See Wheeler, The Immigration Consequences of Using A False Social Security Number, 8 Bender's Imm. Bull. 952 (June 1, 2003).