Crimes of Moral Turpitude

(A)

General Requirements.  Suspension of deportation is available only as a defense in deportation proceedings, and no independent application may be made.[421]  A noncitizen is statutorily eligible for suspension if:

(1)   the person has been continuously present in the United States for at least seven years at the time of submitting the application,

(2)   the person can show Good Moral Character during that period, and deportation would result in extreme hardship to the person, or to a spouse, parent or child who is a U.S. citizen or lawful permanent resident. ­                 

Suspension of deportation is not available to noncitizens paroled into the United States and placed into exclusion proceedings.[422]

[421] Simeonov v. Ashcroft, 371 F.3d 532 (9th Cir. May 27, 2004) (noncitizen in exclusion proceedings is not eligible for suspension of deportation, even taking effect of NACARA into account).

[422] See, e.g., Geach v. Chartoff, 444 F.3d 940 (8th Cir. Mar. 2, 2006) (advance parole regulation, 8 C.F.R. § 245.2(a)(4)(ii) (1991) (amended 1996), denies suspension of deportation to noncitizens admitted on advance parole, but who otherwise meet the statutory requirements for suspension); Tanov v. INS, 443 F.3d 195 (2d Cir. Apr. 4, 2006) (former suspension of deportation is unavailable to noncitizens who were paroled into and then ordered excluded from the United States prior to April 1, 1997).