Crimes of Moral Turpitude

(D)

Effect of Vacating Prior Conviction.  If a noncitizen is charged with removal on account of a conviction of a crime of moral turpitude for which a sentence of one year or more may be imposed, and that maximum sentence applies to the current offense because of the existence of a prior conviction which has been vacated, the noncitizen is no longer removable. The deportation ground is written in the present tense ("sentence … may be imposed"),[89] and the condition precedent to the higher maximum sentence no longer exists.

[89] INA § 237(a)(2)(A)(i)(II), 8 U.S.C. § 1227(a)(2)(A)(i)(II) (emphasis supplied).