Crimes of Moral Turpitude

Possession of burglary tools was held NOT CMT where the offense did not require, as an essential element, intent to use them to commit an offense. 

Guarino v. Uhl, 107 F.2d 399 (2d Cir. 1939) (conviction of possession of burglary tools with intent to commit a crime, in violation of New York Penal Law § 408, does not involve moral turpitude unless the record of conviction affirmatively shows that the particular crime the noncitizen intended to commit with the burglary tools found in his possession involves moral turpitude);

United States ex rel. Zaffarano v. Corsi, 63 F.2d 757 (2d Cir. 1933);

Tutrone v. Shaughnessy, 160 F.Supp. 433 (S.D.N.Y. 1958);

Matter of S, 6 I. & N. Dec. 769 (BIA 1955) (conviction of possession of burglary tools (with intent to commit any indictable offense) in violation of Canada Criminal Code § 464(b) is not a crime involving moral turpitude unless accompanied by an intent to use the tools to commit a specific crime which is itself a crime involving moral turpitude; since here, the record of conviction omits any reference to the offense intended, the conviction could not be held to involve moral turpitude);

Matter of B, 6 I. & N. Dec. 98 (BIA 1954).

Possession of item with intent to commit crime of moral turpitude.

United States ex rel. Guarino v. Uhl, 107 F.2d 339 (2d Cir. 1939) (criminal possession has been held to be a crime involving moral turpitude when accompanied by intent to commit a crime involving moral turpitude).

Possession of slugs.

Matter of M, 7 I. & N. Dec. 147 (BIA 1956) (failing to decide whether conviction of “possessing slugs” (under New York Penal Law § 1293(d)) is considered to be a crime involving moral turpitude, since respondent would have qualified for petty offense exception even if the offense were CMT).