Crimes of Moral Turpitude


§ 10.14 2. Procedural Requirements

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A motion for a judicial recommendation which was timely received and granted by the court, with notice properly given to the relevant parties, precluded the INS from using the conviction as a basis to charge deportability under former 8 U.S.C. § 1251(a)(4).  A JRAD was honored where the INS had not received the required notice, but did not object on the basis of lack of notice, and presented its position fully.[179]  A JRAD, however, could not lawfully be issued if the procedural requirements were not satisfied.[180]

[179] Matter of Ligidakis, 20 I. & N. Dec. 112 (BIA 1989).

[180] Former 8 C.F.R. § 241.1, 55 Fed. Reg., No. 59 (Mar. 27, 1990).