Crimes of Moral Turpitude

(A)

In General.  The assessment of whether a conviction is for an offense that involves moral turpitude is limited to the elements of the offense.  Only in the case of a divisible statute is resort to the record of conviction permitted.  The record of conviction generally includes “the charge (indictment[, complaint, information, citation, or other charge to which a plea or verdict was obtained]), plea, verdict and sentence.  The evidence upon which the verdict was rendered may not be considered, nor may the guilt of the defendant be contradicted.”[1]

[66] Zaffarano v. Corsi, 63 F.2d 757, 759 (2d Cir. 1933); Matter of C, 5 I. & N. Dec. 65, 71 (BIA 1953).  See also Vue v. INS, 92 F.3d 696 (8th Cir. 1996); Maroon v. INS, 364 F.2d 982, 984-86 (8th Cir. 1966) (record of conviction includes copies of the indictment, judgment, sentence and commitment); Wadman v. INS, 329 F.2d 812 (9th Cir. 1964); Matter of Esfandiary, 16 I. & N. Dec. 659 (BIA 1979) (malicious trespass, information charged intent to commit petty larceny).  But see Martinez-Benitez v. INS, 956 F.2d 1053 (11th Cir. 1992) (court could not ignore evidence that contradicted the indictment).