Crimes of Moral Turpitude


§ 10.13 1. Immigration Effects of a JRAD

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The effect of a JRAD was to preclude the INS and immigration courts from deporting or excluding the defendant on the basis of the conviction of a crime involving moral turpitude in the case in which the JRAD was granted.  The JRAD was effective only as to the specific conviction(s) for which it was granted, and was not effective beyond its terms even as to other convictions suffered in the same criminal case.[165]


[A JRAD], if it was validly issued, barred the INS from considering his conviction of a crime of moral turpitude either as a ground for deportation under 8 U.S.C. § 1251(a)(4), Jew Ten v. INS, 307 F.2d 832, 834-35 (9th Cir. 1962), cert. denied, 371 U.S. 968, 83 S.Ct. 551, 9 L.Ed.2d 538 (1963), or as a ground for excluding him from admissibility to the United States under 8 U.S.C. § 1182(a)(2)(A)(i)(I), see Matter of K---, 9 I. & N. Dec. 121, 125 (BIA 1960) (extending beneficial effect of JRAD to 8 U.S.C. § 1182(a)(9), the equivalent of § 1182(a)(2)(A)(i)(I) of the current statute).[166]

[165] Matter of Parodi, 17 I. & N. Dec. 608 (BIA 1980).

[166] Rashtabadi v. INS, 23 F.3d 1562, 1568 (9th Cir. 1994).