Crimes of Moral Turpitude

(D)

Factual Basis.  The Ninth Circuit recently allowed a court to look to a factual description of the offense, as stipulated by the prosecution and the defendant’s attorney as the factual basis for the plea, in order to determine whether the noncitizen had pleaded guilty to a crime of violence upon conviction for false imprisonment committed by means of violence, menace, fraud or deceit.[1]  This and other cases allowing examination of the factual basis of the plea and other admissions by the defendant during criminal proceedings are discussed at § 7.11(B), infra.

[122] United States v. Hernandez-Hernandez, 431 F.3d 1212 (9th Cir. Dec. 16, 2005).