Crimes of Moral Turpitude

Solicitation.  Convictions of soliciting commission of a sexual offense are sometimes held to involve moral turpitude.  For argument that solicitation conviction cannot be the basis of inadmissibility for a CMT conviction, see § 4.1(B), supra.

Barragan-Lopez v. Mukasey, 508 F.3d 899 (9th Cir. Nov. 21, 2007) (Arizona conviction for solicitation to possess at least four pounds of marijuana for sale, in violation of Ariz. Rev. Stat. § § 13-1002(A) and (B)(2), 13-3405(A)(2) and (B)(6), constitutes a crime involving moral turpitude for the purposes of INA § 237(a)(2)(A)(i), 8 U.S.C. § 1227(a)(2)(A)(i), since this ground does not specifically list "attempt" and "conspiracy," and thus does not impliedly exclude "solicitation");

Babouris v. Esperdy, 269 F.2d 621 (2d Cir. 1959), cert. den., 362 U.S. 913 (1960) (conviction of solicitation of men to commit an offense against nature held CMT, even if offense was labeled disorderly conduct);

Wyngaard v. Rogers, 187 F.Supp. 527 (D.D.C. 1960), aff’d, 295 F.2d 184, 111 U.S.App.D.C. 197 (D.C. Cir. 1961), cert. den., 368 U.S. 926, 82 S.Ct. 362, 7 L.Ed.2d 190 (1961) (conviction under New York Penal Law § 722, of frequenting or loitering about a public place and soliciting men for purpose of committing crime against nature or other lewdness, was a conviction for crime involving moral turpitude);

Matter of K, 3 I. & N. Dec. 575 (BIA 1949) (conviction of solicitation to commit sodomy).